Most people don’t hurt their own injury claim with one big mistake. They do it with small, normal things: an apology at the scene, a post to let family know they’re okay, a few days of waiting to see if the pain goes away. After a wreck in Louisiana, those everyday moves can be used by an insurance company to argue that you were at fault or that you weren’t really hurt. Here are five of the most common, and what to do instead.

1. Saying “I’m sorry” at the scene

It’s a natural thing to say. Most people say it to be polite, not to admit blame. But an apology can be twisted later into an argument that the crash was partly your fault.

That matters because Louisiana assigns a percentage of fault to everyone whose conduct contributed to a crash (La. C.C. art. 2323). For crashes on or after January 1, 2026, if you are less than 51 percent at fault, your recovery is reduced by your share. If you are found 51 percent or more at fault, you generally can’t recover at all (Acts 2025, No. 15). The percentage can be the whole case.

Instead: check on everyone, call 911, exchange insurance information, and stick to the facts. Let the investigation sort out who caused what.

2. Leaving without photos

Your phone may be the most useful piece of evidence you have after a wreck. A week later, the scene is gone. Your photos aren’t. If you’re able to, and it’s safe, take photos and a short video before the cars are moved:

• the damage to every vehicle
• license plates
• the road, traffic signs and signals, and any skid marks
• the other driver’s insurance card
• the names and phone numbers of any witnesses

Then keep them, along with every bill and receipt that follows.

3. “I feel fine, I don’t need a doctor”

After a wreck, adrenaline can hide pain. Neck pain, back pain and head injuries sometimes take days or even weeks to show up. If you wait to get checked, the insurance company may argue that you weren’t really hurt, or that something else caused your symptoms.

Instead: see a doctor as soon as you start having problems. Tell the doctor about the crash, and describe all of your symptoms without leaving anything out. Then follow the treatment plan. That protects your health first, and it also keeps the insurance company from arguing that you skipped the care your doctor recommended. Questions about your symptoms belong with your doctor.

4. Posting about the wreck

Insurance companies look at social media. A photo of you at a family cookout, or a post that says “I’m doing okay,” can be pulled out of context to argue that your injuries aren’t serious.

Deleting posts after the fact isn’t the answer either. Destroying information that may matter to a claim can create its own problems, an issue lawyers call spoliation of evidence. The simplest approach is to avoid the problem in the first place: stop posting about the crash, your health and your activities, and talk to a lawyer about anything already online.

5. Taking the first offer

The insurance company may offer a number early, and it can sound like a lot. But an early offer may not cover future treatment, lost wages, or pain that goes on for months. And once you accept an offer and sign a release, it is usually final, even if your injuries turn out to be worse.

Instead: before you say yes, find out what your injuries really are and how much work you may miss. Early in a claim, those answers usually aren’t clear yet, which is a good reason to talk to a lawyer before you decide.

Don’t wait too long

For most injuries that happened on or after July 1, 2024, Louisiana generally gives you two years to file suit. Some claims have shorter or different deadlines, so talk to a lawyer early.

Frequently asked questions

Can saying “I’m sorry” after a wreck hurt my claim? It can be used to argue you were partly at fault. Under Louisiana’s comparative fault rule, your share of fault can reduce, or for crashes on or after January 1, 2026, sometimes bar, what you recover.

Should I see a doctor if I feel fine? Some injuries take days to show up. If symptoms appear, get checked promptly, tell the doctor about the crash, and follow the treatment plan.

Should I delete my social media posts after a wreck? Don’t delete posts that may relate to the crash without talking to a lawyer first. Going forward, it’s safest not to post about the crash, your health or your activities.

Can I take back a settlement after I accept it? Once you accept and sign a release, it is usually final. Understand your injuries and what you would be giving up before you agree.

Talk to a lawyer about your wreck

We handle injury cases on a contingency fee: no attorney’s fee unless we recover money for you. You may still be responsible for court costs and case expenses; we explain this before you sign.

Learn more about how we handle car accident cases. If you or someone you know was hurt in a wreck in Louisiana, call Daniels & Washington at (225) 383-3800 or schedule a free consultation.

This article is general information about Louisiana law, not legal advice, and does not create an attorney-client relationship. Every case is different. Attorney advertising. Daniels & Washington Law Firm, LLC, Christopher J. Washington, Prairieville, Louisiana.