The Florida Department of Highway Safety and Motor Vehicles recently released information stating that over 380,000 traffic collisions occurred in 2024 alone. If you experience one of these and have been stunned by a sudden collision, it is common not to be paying complete attention to what you are saying. As admitting fault in a car accident will cause you many other issues, you need to understand how to conduct yourself to protect your rights.
Below, we explain what counts as potentially admitting fault to help you safeguard your insurance claim and prevent you from facing unnecessary liability. Read on to learn how to maximize your compensation and get advice from RHINO Lawyers on what to do following an auto accident.
What Truly Counts as Admitting Fault?
Admitting fault is not as simple as saying a brief “I’m sorry” to others at the scene. While, depending on context, it might be, in truth, any statement or gesture you make could confirm your liability at the scene. These may include some of the following:
- Phrases
- Written communication
- Your personal notes
- Social media posts
- Body language
Insurance companies may then use this as proof that you are to blame, reducing your settlement or even potentially denying your whole claim.
As such, be aware that you should not make statements such as “I may have been distracted”. Repeating this can reinforce the issue, making it look like you feel guilty for an event.
Even a subtle gesture can, depending on other factors, spell disaster. For example, others may see the following as offering an apology or even simply being submissive out of guilt:
- Bowing your head
- Holding your hands in a prayer motion
- Appearing sad as though you are guilty
- Holding your palms facing forward
- Shrugging your shoulders
These are especially troublesome as others may record you performing such casual motions when you are unaware of the camera, and insurance adjusters may later scrutinize them. However, these individuals are well-trained in differentiating honest apologies from those admitting fault.
Red Flags in Accident Statements
Specific key phrases may trigger insurance adjusters and courts to infer car accident liability. It isn’t as simple as saying “I’m sorry”, as people often use this as a more general term of sympathy rather than an apology. Instead, you will want to look out for things you do that suggest:
- Trying to justify your actions to imply responsibility
- Using too much detail in an account to guide people in their opinion of you
- Using emotion to try to gather sympathy
- You are dismissing the seriousness of a situation
Naturally, there are also very obvious phrases that unambiguously offer admission of guilt, such as:
- “It was my fault.”
- “I’m really sorry for doing that.”
- “I should have seen that coming.”
- “Where did you come from?
- “I can’t believe I did that.”
Even casually saying these or joking about them can cause trouble if a bystander records you saying them, impacting your legal rights in accidents.
Liability and Legal Consequences
Admitting fault can often lead to significant legal and financial problems. They may lead to lawsuits, settlements, or even criminal charges that can result in significant life consequences. The long-term impact of these can be severe, especially if you admit fault, and even a partial admission can result in a denial of a claim from your insurance company in the short term and higher premiums in the long term.
As such, our advice would be to stay silent and allow the investigation to determine fault independently without you discussing it with them. Remember that the first person to speak does not receive a significant benefit from the police or insurers, so take your time to compose yourself before interacting with them.
Take Control to Protect Your Legal Rights and Avoid Fault
Be aware that, even if you do not say anything to an authority figure after an accident, they can still use prior car accident statements against you. For example, in Walton v. Robert E. Haas Construction Corp., 259 So. 2d 731 (Fla. 3d DCA 1972), the defendant could read a plaintiff’s deposition instead of the plaintiff speaking.
So, instead, take proactive steps after an accident to help you get the upper hand in the fault determination process and protect your legal rights, even if you don’t communicate with anyone.
Five Things You Must Do
Directly after an accident, make sure you get to safety and then, after contacting emergency services and offering aid where necessary, start documenting the crash.
Then, ensure that you take these steps :
- Remain silent beyond confirming your basic information to those at the scene or authorities
- Refrain from giving any opinions on the situation or speculating on the actions of others
- Politely decline requests from bystanders to elaborate on your actions or decisions
- Keep any responses factual and do not add personal observations to statements
- Wait for law enforcement or legal counsel to arrive and make any statements to them
Five Things You Must Avoid
After the accident, it may feel like you want to take action. Instead, ensure everyone is safe, but take careful steps to avoid problems:
- Do not apologize or admit fault for any step of the accident, even if you feel responsible
- Don’t sign any documents or statements without discussing them with an attorney
- Don’t get into arguments and avoid any physical altercations
- Refrain from casual contact with police or others who may be trying to catch you off guard
- Do not leave the scene until authorities have arrived and collected all evidence
Keep a Cool Head and Avoid Being Assigned Fault in a Car Accident
You may not be in your right mind in the aftermath of a car accident. Every word you speak may have long-lasting consequences, so understand what constitutes an admission of fault, protect your rights, and preserve your compensation claim instead.
Fault in a car accident is best addressed with highly qualified legal support with decades of experience. So, trust our expert team at RHINO Lawyers to guide you through the complexities of determining fault. Call us today to learn more about what we can offer you and ensure you get the best legal support available in Florida and Wisconsin.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
