If you were injured in a motor vehicle accident caused by another party’s careless or negligent acts, you are entitled to file a personal injury claim to recover compensation for your damages according to Pennsylvania law. You’ll have to explain your injuries in detail to your lawyer, the insurance company, and other parties after the accident to move your claim forward. In these instances, exaggerating or misrepresenting how badly you’ve been injured after a car accident may be tempting. However, it’s essential to recognize that you should never exaggerate or misrepresent the extent of your injuries.
One of the most common mistakes people make after a motor vehicle accident is exaggerating injuries, whether in their statements or on social media. Such errors can seriously undermine your credibility and harm your claim.
Exaggerated claims can lead to serious legal consequences, including denial of your claim or even criminal charges for insurance fraud. Honesty and accuracy are crucial to avoid suspicion and protect your legal rights.
- What Happens if I Misrepresent My Injuries after a Motor Vehicle Accident?
- How Defendants in Motor Vehicle Accident Claims Find Discrepancies
- How Can I Ensure That the Insurance Company Cannot Accuse Me of Exaggerating My Injuries?
- Get Trusted Legal Help for Your Car Accident Claim in Southeastern Pennsylvania
Note: One of the most common mistakes is exaggerating injuries, which can undermine your credibility and harm your claim.
Introduction to Car Accident Claims
Navigating a car accident claim in Pennsylvania can feel overwhelming, especially when you are dealing with physical injuries, emotional distress, and mounting financial burdens. After a car accident, accident victims often face significant medical bills, lost wages, and uncertainty about how to recover compensation for their losses. Filing a car accident claim is the first step toward securing the financial support you need to move forward.
However, the claims process can be complex, with strict deadlines and detailed requirements. An experienced personal injury attorney can help guide you through each stage, ensuring your rights are protected and maximizing your chances of a successful personal injury claim. Understanding the common pitfalls and how to avoid them is essential for anyone seeking fair compensation after a motor vehicle accident.
Accident Scene and Initial Response
The actions you take at the accident scene can have a lasting impact on your personal injury claim. It is crucial to remain at the scene, check for injuries, and wait for law enforcement to arrive. Promptly reporting the accident to the police is not only required by law but also ensures that a police report is created—this document serves as crucial evidence in car accident claims.
If you are unable to report the accident yourself due to injuries, ask someone else to notify authorities and file the police report on your behalf. While still at the accident scene, gather as much evidence as possible: take photos and videos of the vehicles, visible injuries, property damage, and relevant traffic signs. Collect witness statements and contact information from anyone who saw the accident. These steps help establish the facts, prove fault, and support your injury claim, making it easier to recover compensation for your injuries and losses.
Medical Treatment and Documentation
Seeking immediate medical attention after a car accident is vital, even if your injuries seem minor at first. Delaying medical care can give the impression that your injuries are not serious or were not caused by the accident, which can weaken your personal injury claim. Be sure to keep detailed records of all medical visits, treatments, and expenses related to the accident. Medical records are essential for linking your injuries directly to the crash and proving the extent of your damages. Follow all medical advice and attend every scheduled follow-up appointment to document ongoing symptoms and recovery.
This thorough documentation not only supports your injury claim but also helps ensure you receive the medical care you need. Medical professionals can provide the necessary documentation to demonstrate the impact of the accident on your health, strengthening your case for compensation.
What Happens if I Misrepresent My Injuries after a Motor Vehicle Accident?
At a time when you’re likely dealing with steep medical costs, property damage, and other unexpected expenses, you may wonder whether you can recover more compensation if you claim that your injuries are worse than they are. While this is undoubtedly a troubling time for anyone to experience, it is essential to understand that exaggerating your accident injuries can be detrimental to your claim. Misrepresenting your injuries can harm your credibility as an injured victim and make it difficult to recover damages. A denied claim often results from a lack of sufficient evidence or discrepancies in relevant documents, so it is crucial to provide accurate and thorough information.
If the insurance company discovers that you have exaggerated your injuries, they may offer you less money or outright deny your claim. Insurance adjusters and opposing attorneys will scrutinize your claim and may request an attorney review to ensure all documentation is accurate. Even if your claim is valid, should your case go to trial, the judge or jury may not trust your side of the story if they believe you are exaggerating. One exaggerated statement could damage your case and make them doubt every word you say, and exaggerating your injuries can also negatively impact how much compensation you ultimately receive.
How Defendants in Motor Vehicle Accident Claims Find Discrepancies
If you exaggerate your injuries after a collision, your doctors can usually tell. As medical professionals who treat injuries every day, they know how the body is affected when wounded, along with the usual restrictions that apply for most injuries. If you lie to the doctor treating your injuries, they will mention your deceit in your medical records, which the insurance company usually obtains.
While some plaintiffs think that they can successfully misrepresent the extent of their injuries, in reality, there are various methods that enable the defendant to uncover the discrepancies in the injury claim. These methods include:
- A court-ordered physical examination of the injured victim
- Assessment of medical records that are contradictory to the claims made by the injured victim
- Investigation of the injured victim through video surveillance, photos, analyzing their social media activity, and more
- Review of medical documentation and pre-existing conditions to determine if the injuries are related to the accident
Opposing attorneys may also review your social media activity to shift blame or undermine your claim, so it is important to be cautious about what you post online.
Investigations often involve all parties involved, including the other driver, and may focus on determining fault and whether any traffic laws were violated.
For instance, suppose your back is injured in a motor vehicle accident. In that case, you will undoubtedly experience some discomfort, but perhaps your injury may not be so damaging as to prevent you from returning to work. Suppose you decide to overstate the extent of your injury to obtain higher damages, and the insurance company investigates your social media posts to eventually discover that you play in a kickball league every weekend. In that case, that discovery will severely damage your compensation claim.
Comparative Negligence Laws in Pennsylvania
Understanding Pennsylvania’s comparative negligence laws is crucial when pursuing car accident claims. The state follows a modified comparative negligence system, known as the “51% Bar Rule.” This means you can only recover compensation if you are found to be less than 51% at fault for the accident. If you are 51% or more responsible, you cannot collect damages.
If you share some fault, your compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault and your damages total $100,000, you would receive $80,000. These rules can significantly affect the outcome of your personal injury case. An experienced personal injury attorney can help you navigate comparative negligence laws, gather evidence to prove fault, and fight for the fair compensation you deserve after a motor vehicle accident.
Emotional Distress: What’s Legitimate and What’s Not?
Emotional distress is a real and often significant part of the aftermath of a car accident, but proving it in a personal injury claim can be challenging. Insurance companies may question the severity of your emotional distress or suggest that it is exaggerated. To support your claim, keep a detailed record of your emotional symptoms, such as anxiety, depression, or sleep disturbances, and consider maintaining a pain journal to document how the accident has affected your daily life. Medical professionals can provide documentation and expert opinions that validate your emotional distress.
It is important to be honest and accurate when describing your symptoms—exaggerating or misrepresenting emotional distress can undermine your credibility and harm your injury claim. An experienced personal injury attorney can help you understand what constitutes legitimate emotional distress and ensure it is properly documented and presented as part of your claim, increasing your chances of a fair outcome.
How Can I Ensure That the Insurance Company Cannot Accuse Me of Exaggerating My Injuries?
To strengthen your personal injury claim and ensure that insurance companies cannot blame you for misrepresenting the extent of your injuries, be sure to follow these steps:
- Seek immediate medical attention after the collision
- Consistently document your injuries and how they impact your life
- Attend all future medical and rehabilitation appointments
- Keep track of all your tests, like X-rays, MRIs, and CAT scans
- Gather all relevant documents, including police reports, sufficient evidence such as medical documentation, witness statements, and photographs
It’s also highly encouraged to maintain a pain journal and keep track of your daily struggles and pains caused by your injuries, including physical pain, mental anguish, and emotional stress. Your documentation should include medical bills and any other expenses related to the accident. Having this documentation will help bolster your injury claim and provide proof of your pain and suffering. If you routinely document how your injuries alter your life, the insurers will have difficulty refuting that you have been severely injured.
Failing to report significant property damage or an accident, leaving the scene, can result in serious legal consequences, including criminal charges. Consulting legal counsel or seeking legal representation can help protect your legal rights and guide you through the legal process, especially in complex personal injury cases. Using an online form to contact an attorney can be a convenient first step.
Get Trusted Legal Help for Your Car Accident Claim in Southeastern Pennsylvania
It’s not always straightforward to know what you should say and do in the worrying days that follow a motor vehicle accident. The best course of action to understand your rights and legal options is to consult an experienced personal injury attorney. Legal representation can help you achieve a favorable outcome in your case, especially when dealing with complex car accidents involving an at-fault driver or more than one driver. Proving the other party’s fault is essential for a successful claim. For skilled legal advice with your injury claim in Montgomery County or throughout Southeastern Pennsylvania, contact the experienced car accident attorneys at Rubin, Glickman, Steinberg & Gifford, P.C.
For over 65 years, our attorneys have earned the trust and respect of clients facing a wide range of legal problems. When individuals in Montgomery County have suffered harm caused by the fault of other parties, we’re here to recover the just and favorable compensation they deserve. Our attorneys can provide an attorney review of your claim and assist in gathering medical documentation to support your case. To speak with one of our knowledgeable motor vehicle accident attorneys, schedule a free consultation by completing a contact form or calling 215-822-7575
Established in 1952 by Irwin S. Rubin, Rubin, Glickman, Steinberg & Gifford P.C. boasts over 65 years of experience serving clients throughout Pennsylvania. Renowned for its commitment to ethical representation, the firm has garnered prestigious accolades, including being named the “Best Law Firm” for its outstanding legal defense work by U.S. News & World Report. Their team of seasoned attorneys, recognized as Pennsylvania Super Lawyers and Rising Stars, brings unparalleled expertise to a wide range of legal matters, ensuring exceptional representation for individuals, families, businesses, and organizations.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
September 16, 2025
