Zachary Clayton is a personal injury lawyer with more than two decades of experience representing accident victims in Las Vegas. He sat down with Vegas Inc to discuss the critical mistakes people make after accidents and what insurance companies hope you never find out.
What’s the first thing someone should do immediately after a car accident in Las Vegas?
Call 911, even if the accident seems minor. In Las Vegas, nearly every crash requires a police report, and without one, insurance companies will question whether the accident even happened. After that, document everything—vehicle damage, the other driver’s information, traffic signals, weather conditions. I've had cases where a traffic light's position in a photo proved liability.
Zachary Clayton Photo by: Courtesy
What’s the biggest mistake you see people make in those first few hours?
Giving a recorded statement to the other driver’s insurance company. Seemingly innocent statements could be used against you later. You have zero obligation to talk to the other driver’s insurance company in Nevada. They'll pressure you and say they just need a quick statement to process the claim—don't do it. Your own insurance company? Yes, that's contractually required. The other side? Politely decline and give them your attorney's information.
When should someone hire a personal injury attorney?
Before talking to any insurance company if there are injuries involved—not after your claim gets denied or after you've already given three recorded statements. People think hiring an attorney is this big dramatic step they take after months of fighting with insurance companies, but by then they’ve often said things that hurt their case or accepted a low settlement. Most firms, including us, offer free consultations. We'll tell you honestly whether you need representation or if you can handle it yourself.
What do insurance companies do that would shock most people?
Surveillance and social media monitoring. On significant claims, it’s common for investigators to follow people or comb through their social media. A short clip of someone having a good day gets presented as if it reflects their everyday condition. Even innocent posts can be taken out of context. Be aware that you're potentially being watched, so limit social media activity entirely while your case is active and never discuss your accident, injuries or claim online.
What do you wish every driver knew after an accident?
Document everything immediately, talk to no one except police and your own insurance company, and get medical attention even if you feel fine. Adrenaline masks pain. If you wait days or weeks to see a doctor, insurance companies argue your injuries aren't related to the accident. Your health and your legal rights both depend on taking immediate action. Everything you do in those first 24 to 48 hours will affect your case for the next two years.
For more information or to contact Wooldridge Law Injury Lawyers, visit getthewin.com.
Please note: The information in this column is intended for general purposes only and is not to be considered legal or professional advice of any kind. You should seek advice that is specific to your problem before taking or refraining from any action and should not rely on the information in this column.