As Discussed on KGET 17: Personal Injury Claim Mistakes to Avoid

Most personal injury claim mistakes happen early, often in the first days after an injury, before anyone realizes a claim is forming. A gap in medical care, a casual recorded statement or a broad authorization form can give an insurer reasons to question what happened. B&D attorney Alina Dermendjian has covered these mistakes on KGET 17 several times; watch the KGET 17 Studio 17 Live segment on the biggest mistakes that can hurt a personal injury claim.

In the August 2026 segment, Dermendjian pointed to five problem areas: waiting too long to see a doctor, not telling providers how the injury happened, giving recorded statements to insurers (including your own) without first talking to a lawyer, signing broad medical or Social Security authorizations, and waiting to get legal advice. In March 2023 she gave the same warning about recorded statements made without an attorney present.

Personal injury claim mistakes with your medical care

Your medical records are some of the most important evidence in an injury claim. They show what was hurt, when it was treated and how it affects your life. Three common personal injury claim mistakes weaken that record.

Waiting to see a doctor

Dermendjian explained that a gap in care can make insurers question whether the accident caused your injuries. Some injuries do not announce themselves right away; our article on delayed symptoms after a car accident explains why feeling fine can be misleading. Getting checked promptly protects your health first and your claim second.

Not telling providers how you were hurt

If you tell a doctor only that your neck hurts, the chart may never mention the crash or the fall. Dermendjian advised telling each provider exactly how the injury happened, for example neck or back pain that started after a car accident. Without that detail, the records may not clearly link your injuries to the event.

Skipping appointments or stopping treatment

California’s civil jury instruction on mitigation of damages, CACI No. 3930, tells jurors that an injured person cannot recover for harm the defendant proves could have been avoided with reasonable efforts or expenditures. Missed appointments and unexplained stops in treatment invite that argument. If cost, transportation or work makes treatment hard, tell your provider and write down why.

Mistakes in conversations with insurance companies

Some of the costliest personal injury claim mistakes happen on the phone. Insurance adjusters are trained to gather information that can limit what their company pays. That is true even when the adjuster works for your own insurer.

Giving a recorded statement without advice

Dermendjian cautioned that adjusters can use recorded statements to challenge or minimize a claim, and that your own insurer can become an adverse party. A statement given while you are in pain or on medication can contain guesses that are later treated as facts. Our guide on giving a recorded statement to the insurance company covers what to say and what to hold back.

Signing broad authorizations

Insurers often send medical or Social Security authorizations that reach far beyond the accident. Dermendjian noted that an insurer typically needs only records related to the accident, not your full medical history, and that people have a right to privacy. Read every form before you sign it, and ask what records are actually needed.

Taking the first offer

An early offer can arrive before you know the full extent of your injuries or your future care. Settlement offers usually come with a release, so read what you would be giving up before you sign. Our article on whether to accept the insurance company’s first offer walks through the questions to ask first.

Guessing about fault

California uses comparative fault. Under CACI No. 405, which draws on Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, if your own negligence contributed to your harm, your damages are reduced by your percentage of responsibility. Speculating about blame at the scene or on the phone with an adjuster can feed that argument.

Personal injury claim mistakes online and with evidence

Evidence fades quickly, and some of the most damaging personal injury claim mistakes have nothing to do with doctors or adjusters.

• Posting on social media. A photo at a family event or a comment that you are “doing fine” can be taken out of context. See how social media can impact your personal injury case.
• Not documenting the scene. Photos of the vehicles, the hazard, lighting, road conditions and your visible injuries are hard to recreate later.
• Losing witness information. Names and phone numbers are easy to collect at the scene and hard to find a month later.
• Not keeping receipts and records. Economic damages such as medical expenses and lost earnings are presented item by item, as the structure of CACI No. 3903 reflects. Keep bills, pay stubs, mileage and out-of-pocket costs.
• Getting rid of physical evidence. Repairing a car, throwing away torn clothing or replacing a broken product before it is photographed can erase proof.

Missing the deadlines that end claims

Of all personal injury claim mistakes, waiting too long is the one that cannot be fixed later. California sets firm time limits:

• Two years to file most personal injury lawsuits, under Code of Civil Procedure 335.1.
• Six months to present a written claim for personal injury against a public entity, such as a city or county, under Government Code 911.2. That claim generally must come before any lawsuit.
• Minors generally get extra time, because Code of Civil Procedure 352 pauses the clock while the injured person is under the age of majority. That pause does not apply to claims that must first be presented to a public entity.

Our article on how long you have to file a personal injury claim in California goes deeper. Dermendjian’s final point in the August 2026 segment ties these together: talking with a personal injury attorney before making decisions about the case can help preserve evidence and protect your rights. If an insurer is already pressing you, our insurance claims attorneys can review where things stand.

Key takeaways

• The most common personal injury claim mistakes happen in the first days and weeks after an injury.
• See a doctor promptly, describe exactly how you were hurt, and follow through with treatment.
• Talk with an attorney before giving a recorded statement to any insurer, including your own.
• Read medical and Social Security authorizations carefully; insurers typically need only accident-related records.
• Keep posts offline, preserve photos and physical evidence, and save every bill and receipt.
• Know your deadline: two years for most lawsuits, six months for a claim against a public entity.

Frequently asked questions

Should I give a recorded statement to the insurance company?

It is generally wise to talk with a personal injury attorney before giving a recorded statement to any insurer, including your own. Adjusters can use your words to question or reduce a claim, and you can ask to put the conversation off until you have advice.

How soon should I see a doctor after an accident?

As soon as you can. A delay or a gap in care can lead an insurer to argue that something other than the accident caused your injuries. Tell the provider exactly how you were hurt so the record connects your symptoms to the accident.

Can social media posts hurt my personal injury claim?

Yes, they can. Insurers may look at public posts, photos and check-ins and try to use them to question how badly you were hurt. Many people choose to stop posting about the accident, their injuries and their activities until the claim is resolved.

Does saying sorry at the scene mean I admitted fault?

Not automatically, but what you say can be used to argue that you share responsibility. In California, a plaintiff’s damages are reduced by their percentage of fault, so stick to facts with the other driver and the police and avoid guessing about blame.

Talk to a California injury attorney

If you have questions about your own situation, a conversation with an attorney can help you understand your options and the deadlines that apply. Call (888) 977-2238 or contact us online.

Attorney advertising. This article is general information, not legal advice. Reading it or contacting us does not create an attorney-client relationship. Every case is different, and results will differ based on different facts. Past results do not guarantee a similar outcome, and no result is guaranteed. B&D Law Group, APLC, Los Angeles office: 10700 Santa Monica Blvd, Suite 200.

Related Reading

• Hurt in a Police Chase in California: Who Pays for Your Injuries?
• Negligent Security in California: When a Property Owner Pays for an Assault
• As Discussed on KGET 17: How to Choose a Personal Injury Attorney
• Hit by a Fire Truck, Ambulance or Police Car in California: Your Claim
• Personal Injury Attorneys — B&D Law Group