7 Things You Shouldn't Say Right After an Accident

Many places, including Hong Kong, require all drivers to purchase insurance for private vehicles to facilitate claims after traffic accidents or third-party claims. When dealing with claims related to traffic accidents, insurance companies conduct fair investigations to ensure that the party not at fault receives the compensation they deserve. However, saying the wrong things immediately after an accident can affect insurance claims. This Kwiksure article focuses on 7 things you should avoid saying right after an accident.

After a traffic accident, if a private settlement cannot be reached, the police will need to conduct an investigation, and a judge will make a ruling to determine liability. Generally, insurance companies will wait for the police investigation and the judge's ruling before paying compensation. The police must investigate all accidents, as this is a crucial part of the claims process. According to statistics from the Hong Kong Police Force, there were a total of 14,521 traffic accidents in Hong Kong in the first ten months of 2024. It is easy to imagine that this requires a significant amount of manpower and resources!

After an accident occurs, the police will question all involved parties to determine the cause of the accident and who is liable. This information will eventually be handed over to the insurance company, which will then consider it along with other data and the court's ruling to decide whether to compensate and the amount of compensation.

When you are being questioned by the police, everything you say will be recorded. Therefore, the words you choose can greatly affect how quickly your claim is processed, and may even lead the insurance company to refuse compensation. The following seven lines commonly uttered by Hong Kong people could significantly affect the outcome of a traffic accident claim.

Sorry

After an accident, many people instinctively say 'sorry' or 'excuse me,' or even 'I apologize.' However, saying 'sorry' or similar phrases may be interpreted as a sign of guilt—after all, we typically say 'sorry' only after making a mistake.

Beyond potentially being seen as a sign of guilt, saying 'sorry' can also confuse your role in the accident. For instance, if you are simply a passenger in a vehicle that was hit and you say you feel 'sorry' when questioned, you may be interrogated about why you said that.

Our advice is to wait until the police have completed their investigation and determined who is responsible before deciding whether to say 'sorry.'

'I think...'

Traffic accidents often occur because we are not fully focused on the road conditions. This means that we frequently cannot completely understand the reasons for an accident happening. When questioned by the police, starting a sentence with 'I think' can lead to being judged as unaware of the actual circumstances of the accident.

For example, if you rear-end the vehicle in front of you and then say, 'I think they hit the brakes,' this uncertain tone might be interpreted by insurance companies and the police as 'the driver had already stopped the car, but you didn't notice, so you couldn't react in time.' Your insurance company may have sufficient grounds to deny your claim—because you weren't paying attention to the road while driving, you would be responsible for the accident.

Therefore, if you have any uncertainties, you should state them clearly and tell the officer, 'I'm not sure,' to ensure you receive a fair judgment. Of course, do not lie! If you provide false information, the insurance company could also deny your claim.

'I am not injured'

After an accident, due to the rise in adrenaline, we often cannot immediately recognize injuries to our bodies, especially soft tissue damage. If you tell the police or the first responders, 'I am not injured' or 'I'm fine,' this will be recorded. Even if a doctor later diagnoses you with a back injury from the accident, some insurance companies may deny your claim based on your earlier statement that you were not injured.

On the other hand, if you believe you may have sustained injuries from the accident, make sure to see a doctor first before providing information to the insurance company. To ensure a smooth claims process, it's best to consult a doctor within the insurance company's network, because you then will not need to find another doctor and can avoid additional claims procedures or delays. This advice applies to injuries that are not immediately noticeable, not to serious external injuries.

'I have a neck injury.'

According to statistics, many fraudulent claims involve individuals claiming neck injuries. While neck injuries are indeed a common consequence of traffic accidents—caused by sudden external forces affecting the head or upper body during the incident—if you file a claim with your insurance company for this reason, you can be sure they will pay special attention to your case.

If you believe you have a neck injury, remember to see a doctor as soon as possible for a diagnosis and obtain a medical certificate to submit to your insurance company for your claim.

'I drive a modified car'

Many car owners enhance their vehicles' character or improve handling by adding various parts. These aftermarket components can boost performance, enhance aesthetics, or increase cabin comfort. However, it's important to note that many private car insurance plans in Hong Kong do not cover these added parts.

This means that if you add body kits, lower the chassis, install a turbocharger, or even modify the engine control unit, the insurance company is likely to not compensate for any damages to these parts. This is because your private car insurance plan is based on the manufacturer's specifications, and all aftermarket components are not covered.

Therefore, you must carefully review your insurance terms. Some plans may allow limited coverage for modifications, while others may not allow any modifications at all.

'I am a ride-sharing driver.'

If you are a ride-sharing driver and do not hold a valid license, your private car insurance is likely to be considered invalid in the event of an accident due to risk issues.

As a 'regular' driver, you probably spend no more than two hours in your car each day. However, if you are a ride-sharing driver, the time you spend in your car will increase significantly. The longer you drive on the road, the greater the chance of an accident. Standard private car insurance does not cover this risk. Therefore, if the insured vehicle is used for earning income, the insurance company has the right to deny coverage. Once your private car insurance becomes invalid, it is equivalent to driving a vehicle illegally; you could face criminal prosecution and may need to compensate for any losses resulting from an accident (if you are found to be at fault).

'This is my official statement.'

You should only say this after being diagnosed by a doctor and contacting your insurance company. If you're unsure about the circumstances of the accident or the details that occurred, but you still provide a formal statement to the police, it could significantly affect the case. Especially if you are found to have deliberately concealed or omitted certain details of the accident...

When giving your statement to the police, remember that the more details, the better. If there’s anything you’re unsure about, be honest with the officer taking the report. Most importantly, unless you have sufficient evidence, such as dashcam footage or witnesses, you should not blame others or admit to making a mistake.

Handling a Car Accident

Car accidents can be categorized into three situations: 'you hit another vehicle/person,' 'another vehicle hit you,' and 'you hit an object.' Regardless of the situation or the severity of the accident, the initial response steps are the same:

1. Stay Calm

This may sound trivial, but many people forget this after an accident, allowing panic or anger to take over, which can lead to poor decisions or make the situation worse.

2. Check for Injuries

Besides checking yourself, look for injuries among passengers. It's important to note that many people may not realize their injuries until days after the accident, so drivers should be cautious. Even minor discomforts, like dizziness, should be reported as injuries. If anyone is injured, call the police immediately.

3. Stop the Car and Exit Safely

Drivers should not move their vehicle to another location unless the scene is dangerous. According to road regulations, you should not move or interfere with vehicles involved in the accident without permission from law enforcement. The driver should stop the vehicle, turn off the engine, engage the parking brake, and once it's safe, exit the car to go to a safe location or stay inside and wait for assistance.

Frequently Asked Questions

Will saying 'sorry' or 'excuse me' after a car accident cause problems?

Saying 'sorry' or similar phrases may be interpreted as an admission of guilt, as we typically say sorry only after making a mistake. Our advice is to wait until the police complete their investigation and determine who is at fault before deciding whether to say 'sorry.'

Can I claim insurance for modified parts damaged in an accident?

No, your private car insurance policy is based on the vehicle's original specifications, and any aftermarket parts will not be covered.