The seconds after a crash on a Maine road feel chaotic. Your heart is racing, people are asking questions, traffic may be backing up, and you are trying to decide what to do first. In that rush, many people say or do things that feel polite, practical, or harmless, but later turn out to be exactly what an insurance company needs to cut down the value of a claim.
Maybe you apologized at the scene even though you are not sure what happened. Maybe you told the EMT you were “fine” because you did not want an ambulance ride, or you picked up the first call from an insurance adjuster and simply tried to be honest. These are normal reactions, especially when you assume the other driver was clearly at fault and that the process will be straightforward. Unfortunately, they are also the kinds of Maine auto accident mistakes that can quietly weaken your case.
At Moncure & Barnicle, we are a well-established Maine law firm with decades of combined experience that includes personal injury and auto accident claims. We have seen the same avoidable errors appear again and again in police reports, medical records, and insurance files. In this guide, we share how those mistakes actually play out in Maine claims and what you can do, starting now, to protect your rights before you talk further with insurers or sign any paperwork.
Contact our trusted car accident lawyer in Maine at (207) 209-2902 to schedule a confidential consultation.
Why Small Mistakes Matter So Much After a Maine Auto Accident
Many drivers assume that if the other person rear-ended them at a stoplight in Portland or pulled out in front of them on Route 1, fault is obvious and everything else is just paperwork. In reality, auto accident claims in Maine are built on evidence and negotiation. Insurers and, if necessary, courts look at police reports, photos, witness statements, and medical records, then decide who is responsible and how much those injuries are worth.
Maine uses a comparative negligence system. In simple terms, fault can be divided between drivers, and your compensation can be reduced by your percentage of responsibility. If an insurer convinces a factfinder that you were 25 percent at fault because you “were in a hurry” or “were not paying attention,” any settlement or verdict can be cut by that same 25 percent. This gives insurers a strong reason to look for anything that shifts blame toward you, even a little.
Small choices after a crash, such as casually saying “I did not see you,” waiting weeks to see a doctor, or failing to take photos at the scene, all affect the evidence that ends up in your file. Those gaps and statements become tools insurers use to argue that you share fault, that you were not really hurt, or that your problems came from something else. Our team at Moncure & Barnicle has reviewed many Maine auto accident files and watched fairly minor missteps make a big difference in how claims are valued, which is why avoiding these mistakes matters so much.
Admitting Fault or Saying “I’m Sorry” at the Scene
After a collision in a place like South Portland, Bangor, or Augusta, it is natural to feel bad that anyone was put at risk. You might step out of your car and say “I am so sorry” before you even know what happened. You may try to be helpful by guessing that you “must have been going a little fast” or that you “should have looked twice.” These comments feel like basic politeness in a stressful moment, especially in a small state where people pride themselves on being neighborly.
The problem is that words like these do not stay casual for long. Police officers may include them in their reports. Other drivers and bystanders can repeat them in their own statements. Insurance adjusters read all of that and may treat your offhand apology as an admission that you caused or contributed to the crash. Months later, when fault is being debated, that single sentence can be highlighted as a key reason to assign you a share of responsibility under Maine’s comparative negligence rules.
You do not have to be rude or silent to protect your rights. Focus on safety first, checking for injuries, and calling 911 if needed. When talking to the other driver or the responding officer, stick to basic facts you directly observed, such as where your vehicle was, where you were headed, and what you saw just before impact. It is fine to say you are shaken up or unsure exactly how the crash happened. At Moncure & Barnicle, we have seen that letting the investigation and physical evidence speak for themselves often leads to a clearer fault picture than trying to “take the blame” in the moment.
Even if you already apologized, it does not automatically ruin your claim. What you do next, including how you describe the crash in later conversations and how thoroughly you document your injuries, can still make a significant difference. The key is to avoid repeating or expanding those early statements without first getting legal guidance.
Talking Freely With Insurance Adjusters or Giving a Recorded Statement
In the days after a Maine auto accident, you can expect a call from the other driver’s insurance company, and sometimes your own. The adjuster may sound friendly, tell you they “just want to get your side of the story,” and ask for permission to record the conversation. For many people, especially those who value honesty and straightforward talk, agreeing feels like the right thing to do.
What many drivers do not see is how that recording gets used later. Adjusters in Maine and elsewhere are trained to ask questions in ways that invite answers that help the insurer, not you. They may ask about your speed several different ways, probe for distractions like checking a GPS or radio, or ask if you had any prior neck or back issues. If you try to downplay your pain by saying “I am doing okay” or “it only hurts when I move a certain way,” those phrases can later be quoted to argue that your injuries were minor.
Recorded statements become part of your claim file. They can be transcribed, pulled apart line by line, and compared against police reports, medical records, and later testimony to look for inconsistencies. An offhand guess about what happened, or an attempt to minimize how you feel at that moment, may be used months later to question your credibility or to suggest you were careless.
You have the right to decline a recorded statement for the other driver’s insurer, especially before you have spoken with a Maine injury attorney. You can confirm basic information, such as your name, contact information, and where and when the crash occurred, then politely say you want to consult a lawyer before discussing details. At Moncure & Barnicle, we regularly help clients prepare for conversations with insurers or handle those communications for them, so they can share accurate facts without giving the adjuster more than they need to start cutting down the claim.
If you already given a statement, do not panic or assume your case is lost. The next step is to be cautious about future conversations and to get a legal review of what you said and what is in your file, so you can plan around any issues and avoid compounding the problem.
Delaying Medical Care or Skipping Follow-Up Appointments
After a crash on I-295 or a rural Maine road, adrenaline can mask how badly you are hurt. Many people feel stiff or shaken but decide to go home, rest, and “see how they feel in the morning.” Others visit urgent care once, get basic instructions, then skip follow-up because they are busy, worried about cost, or assume they will improve on their own. This reaction is common here, where many Mainers pride themselves on being tough and not making a fuss.
Insurance companies, however, largely rely on medical records to measure the seriousness of your injuries. They look at when you first sought treatment, what you reported to providers, what diagnoses you received, and how consistently you followed up. If there is a significant delay between the crash and your first visit, or long gaps in treatment afterward, adjusters often argue that you must not have been badly hurt or that something else caused your later symptoms.
For example, if your neck and back pain gradually worsened over a week but you tried to “wait it out,” the insurer might later say the pain was not caused by the crash at all. If you miss several physical therapy appointments, they may claim you did not do your part to recover or that you improved enough to stop going. These patterns show up clearly in the medical records that insurers chart and analyze.
When you are in any doubt, getting checked promptly, whether at an emergency room, urgent care clinic, or with your primary doctor, helps protect your health and your claim. Be honest and thorough about what hurts, even if it seems minor compared to other injuries. If a provider recommends follow-up visits, tests, or therapy, doing your best to follow that plan gives a more accurate picture of your condition over time.
We understand that medical care can be expensive and time-consuming. At Moncure & Barnicle, part of our role in personal injury cases is to help clients understand why documentation matters, and to discuss options for managing treatment while a claim is pending. Even if there have already been some gaps, consistent care going forward can still help strengthen your case.
Failing To Document the Scene and Key Evidence
The crash scene is often cleared quickly to keep traffic moving, whether you are on Congress Street in Portland or a two-lane stretch outside Lewiston. Tow trucks arrive, police direct vehicles away, and debris gets swept up. In that rush, many drivers leave with only an exchange of insurance information and a vague memory of how everything looked, assuming that the police report will cover the rest.
Months later, when an insurer argues about how fast each vehicle was going, whether a light was yellow or red, or whether there were skid marks, the lack of photos and witness details becomes a problem. Without clear images of vehicle positions, road conditions, weather, and visible injuries, it is easier for an opposing adjuster to question your version of events or minimize the force of the impact. Memories fade, and even honest people can remember details differently over time.
When it is safe to do so, photos and basic notes from the scene can be powerful evidence. Pictures of both vehicles, their resting positions, damage from multiple angles, the intersection or curve, traffic signs, skid marks, and any visible bruising or cuts all help build a fuller picture of what really happened. Getting names and contact information for independent witnesses, not just passengers, can be critical if the other driver later changes their story.
Even if you did not document the scene in detail at the time, there are sometimes ways to fill in gaps. Photos of the vehicles before repair, property damage at the site, and follow-up images of injuries can still matter. In some cases, local businesses or homes along Maine roads may have cameras that captured part of the crash or its aftermath. Our team at Moncure & Barnicle, with strong community connections and familiarity with Maine roads, often helps clients identify and secure additional evidence like this when it is still available.
The key is to recognize that evidence does not last forever. The sooner you think about what could help prove your version of events, the more options you will have to track that information down.
Posting About Your Crash or Injuries on Social Media
After a serious collision, it can feel natural to post a photo of your car, share what happened with friends on Facebook or Instagram, or even make a lighthearted comment to show you are “okay.” Friends chime in with support, and it may feel like part of how you process the experience. Many people in Maine keep in touch with family this way, especially when relatives live out of state.
Insurance companies and defense lawyers routinely look at public social media profiles during claims. They search for photos, comments, check-ins, and even “likes” that might suggest your injuries are less serious than you claim or that you were behaving irresponsibly before the crash. A picture of you attending a family gathering or standing on a dock a week after the accident can be taken out of context and used to argue you are more active and pain-free than your medical records suggest.
Even posts that seem unrelated to your injuries can be twisted. A joke about “surviving another Maine winter” might be used to show you are in good spirits, while a photo taken months later could be presented as if it reflected your condition shortly after the crash. Once something is posted, it can be difficult to fully remove or control who has seen it.
For these reasons, it is usually safer to avoid posting details or photos about your accident, your injuries, or your physical activities while a claim is open. Tightening privacy settings can help, but it is wise to assume that anything you share might eventually be seen by an adjuster or defense attorney. Sharing updates directly with close friends or family by phone, text, or in person is often a better choice during this time.
Accepting a Quick Settlement or Signing Forms Without Advice
Another common Maine auto accident mistake is saying yes to the first settlement offer that appears reasonable, simply because you are tired of dealing with calls and bills. Insurers sometimes move quickly with an offer and a packet of forms, especially if your vehicle is badly damaged and you are missing work. The idea of having some money in hand can be very appealing when you are worried about rent, a mortgage, or childcare.
What those offers and forms mean in the long run is not always clear. Settlement agreements typically include a release of claims, which is a legal document saying you agree not to pursue any further compensation for the accident, even if your injuries turn out to be more serious than initially thought. Broad medical authorizations can give an insurer access to years of your health history, including conditions that have nothing to do with the crash, which they may then use to argue your current problems are “pre-existing.”
If you are still in treatment or are not sure what care you will need in the future, a quick settlement often reflects only a snapshot of your situation. Once you sign, you are usually locked into that number. People sometimes discover later that they need more therapy, injections, or even surgery, only to find that the settlement they accepted earlier does not begin to cover those costs.
Before signing any release or broad authorization, it is wise to have a Maine injury attorney review it with you and compare the offer to your documented and potential future losses. At Moncure & Barnicle, our client-first approach means we look beyond the immediate bills and talk with clients about how injuries affect work, daily life, and long-term health. That way, any decision about a settlement is informed by a fuller picture, not just the insurer’s desire to close the file quickly.
Waiting Too Long To Get Legal Guidance in Maine
Many people in Maine hope that if they are reasonable and patient, the insurance company will do the right thing. They may put off contacting a lawyer because they do not want to “start a fight,” they are not sure they even have a case, or they believe they can handle it on their own. Often, they only reach out after they receive a low offer, encounter unexpected pushback, or run into problems getting medical bills paid.
The longer you wait, the harder it can be to fix earlier mistakes. Evidence disappears, vehicles are repaired or sold, businesses overwrite surveillance footage, and witnesses move or forget details. Medical records may show gaps that are hard to explain months later. On top of that, Maine law sets deadlines for filing injury claims. If those deadlines pass, you can lose the right to pursue compensation in court, regardless of how strong the underlying facts might be.
Early guidance does not mean you are committing to a lawsuit. It means having someone on your side who understands how Maine auto accident claims really work, who can help you avoid missteps, and who can coordinate evidence and communication while you focus on healing. At Moncure & Barnicle, our location in Maine and strong community ties allow us to respond promptly, understand local road conditions and providers, and work closely with clients from the early days after a crash through the end of their case.
Even if time has already passed, getting informed about where your claim stands and what can still be done is better than waiting and hoping problems resolve themselves. A conversation about your options can clarify your next steps and help you regain a sense of control.
Protecting Your Maine Auto Accident Claim & Your Future
No one handles every moment after a crash perfectly. If you recognize some of these Maine auto accident mistakes in your own situation, you are not alone, and your claim is not automatically lost. What matters now is understanding how insurers look at your words, your medical care, your social media, and your paperwork, then taking practical steps to avoid giving them more reasons to undervalue your case.
Talking with a Maine injury attorney early can help you sort out what has already happened, what evidence still exists, and how to deal with insurers going forward. At Moncure & Barnicle, we draw on decades of combined experience, a client-centered approach, and deep connections in our Maine communities to guide people through this process with care and clarity. We review forms and offers, help protect your communication with insurers, and work with you to build a claim that reflects your real losses and goals.
If you have questions about your own accident or worry that you may have already hurt your claim, we encourage you to reach out and learn where you stand. A conversation can help you avoid further missteps and focus on your recovery while we focus on the legal details.
Call (207) 209-2902 to speak with our team at Moncure & Barnicle about your Maine auto accident today.