Does Saying “I’m Sorry” After a Car Accident Admit Fault?

When do we say we’re sorry? When we know we’ve done something wrong. Where a car accident is involved, saying “sorry” could be a costly mistake.

In most states across America, including Pennsylvania, the seemingly harmless words “I’m sorry” might actually be admissible as evidence of liability following a crash. Not many people are aware of this fact, and to make matters worse, apologizing is often our first instinct when we are involved in an accident.

If you were injured in a car accident, get a free review of your case by calling our Philadelphia car accident lawyers at The Reiff Law Firm at (215) 709-6940.

Does Apologizing Affect Liability?

Saying the wrong thing after a car accident might be used against you when proving fault. Apologies are tricky because we feel the need to apologize, but insurance can interpret it as an admission of wrongdoing.

Interpreting Apologies as Admissions of Fault

Saying “I’m sorry” might be presented to prove you were at fault or believed you were at fault. The opposing party might argue that you would not have apologized if you did not believe you did anything wrong, and the insurance company might be inclined to believe them.

How Insurance Companies Use Apologies

The insurance company is ultimately the one who decides whether fault has been proven or not, unless you go to court. Since they are also the ones paying for the damages, they are far from an unbiased decision maker.

The insurance company might reduce your compensation or even deny your claim based on what you say. If your apology costs you an insurance claim, consider a lawsuit instead.

Your apology might be less likely to hold up as an admission of fault in court. There, the neutral judge and jury decide legal and factual questions.

Minimizing Apologies After a Car Accident

If you did say something along the lines of “I’m sorry” after a car accident, there are ways that you and your lawyer can work to minimize the impact of that statement.

Limiting Scope

First, we should analyze just what the apology was about. Did you apologize for the accident, or did you apologize for something else? We can potentially request a limiting instruction, where the judge informs the jury not to use the apology for the overall fault question, but only for limited uses.

Explaining Exact Wording

What were the exact words you used? Did you explicitly apologize for causing the accident, or did you say sorry in a more general sense? People sometimes say the words “I’m sorry” not to apologize for any wrongdoing, but to express concern.

Clarifying the Record

Perhaps you did not apologize at all. Maybe you said something to show concern for the other person’s injuries, and they misconstrued or misremembered your statement as an apology. For example, perhaps you actually said, “Are you alright?”

Other Driver’s In-the-Moment Understanding

If the other driver acknowledged at the scene of the crash that what you were saying was not an apology or countered with an apology of their own, we can argue against some of the implications the defense is trying to claim.

Context

What did the other driver say to you? In many cases, people apologize without thinking because the other driver immediately starts accusing them, not because they think they did anything wrong.

Is Saying Sorry an Automatic Admission of Fault?

Even if you did apologize because you believed you caused the accident, that does not in fact mean you are at fault for any wrongdoing.

Perhaps you exited your car believing you caused the crash, so you apologized. However, after looking around the crash scene, it becomes apparent that you are not at fault. We can point to actual evidence and changing circumstances to show who was really at fault, despite anything that was said in haste.

What to Say Instead of “I’m Sorry”

Whether in the context of a car accident or another injury case, the following are some great alternatives to apologizing:

• Ask how the other person is doing and whether they need any help
• Focus on calling for medical help instead of apologizing
• Do not say anything except to exchange contact and insurance info

Is There a Benefit to Apologizing After an Accident?

Some research in medical malpractice cases shows that doctors who apologize for what happened to the victim are less likely to get sued. More research may be needed in other areas of personal injury law, but it makes a certain amount of intuitive sense that saying sorry could prevent the kind of animosity that leads to a lawsuit.

In any case, you should not be deterred from suing just because it seems harsh or because the other side already said sorry. Damages usually come from insurance, not the individual person, and it is important to have your car accident lawyer help you recover the money you need to cover medical bills, lost wages, vehicle repairs, and pain and suffering.

Can I File a Lawsuit for a Car Accident if I Said “I’m Sorry” to the Other Driver?

Even if you apologized for the accident, but realized that the other person should be held liable, you can still file a lawsuit. Even if the statements are used to find you partially at fault, the law typically doesn’t stop you from being able to sue unless you were more than 50% at fault, depending on specific state law.

Many others feel weird about filing a lawsuit after having apologized. You should not be made to feel guilty for suing for the compensation you are rightfully entitled to. The fact that you apologized does not mean you cannot sue, nor does it mean you will lose your case.

Evidence Laws for Apologies

In some states, there are actually laws against introducing apologies as proof of fault. However, they may be used for other reasons, such as explaining your then-existing mental state.

Typically, evidence rules always allow statements made by the opposing party in a lawsuit, which means that the other side can always introduce your apology without violating hearsay rules.

What to Do if You’re Involved in an Accident

Although many try to be courteous and sincere following an accident, from a legal standpoint, it is far better to avoid apologizing and to instead focus on handling your business:

• Call 911 and request police and ambulance responses.
• Get medical treatment for any injuries you faced.
• Obtain the names and contact info for any drivers, passengers, or witnesses who may have been present.
• Get the driver(s) insurance info.
• Take photos of the accident scene, if you can.
• When speaking to other drivers and police, do not admit fault or give opinions; stick to the facts of what happened.

After exchanging and obtaining the relevant information, you should immediately contact an experienced West Chester car accident lawyer.

Other Things Not to Do After an Accident

While you should never apologize after a crash or explicitly admit fault, there are other things to avoid, too:

Do Not Sign Anything

You should never sign any documents at the scene other than official documents requested by the police or law enforcement authorities.

Do Not Give Written or Recorded Statements

If you or a loved one has been involved in an accident, you should never offer a written or recorded statement, and that includes apologies.

Do Not Reject Medical Care

Much like saying sorry can be seen as proof you were at fault, rejecting medical care can be seen as proof your injuries weren’t that bad. Always follow through with the care you need.

FAQs About Saying Sorry After a Car Accident

Do States Have “Apology Laws”?

Some states explicitly have “apology laws” that prevent an apology from being used as evidence. Some only protect the apology in part, and many are limited specifically to medical malpractice cases.

Is “I’m Sorry” Legally Admitting Fault?

Just because you say “I’m sorry” doesn’t mean you are admitting fault. An apology can be interpreted that way, or as an expression of sympathy or recognition of someone else’s pain.

However, insurance companies and defendants tend to argue that apologies were admissions of fault if that helps their case.

What if Both Drivers Apologized?

If both drivers apologize after an accident, it usually means neither side will want to bother making arguments about the apologies.

Can I Say Sorry?

It is important for many people to apologize when they think they’ve done something wrong. When it comes to legal cases, you should hold your apology for later. There will be plenty of time – potentially after settlement – where you can make your feelings known and not potentially hurt your case.

Can I Demand an Apology?

Sometimes the money is important, but the real thing that an injury victim wants is an apology. A formal apology can sometimes be included in a settlement, but this is rare in basic car accident cases. Typically, admissions of fault are left out when you settle the case, and no one “accepts” blame.

Formal apologies tend to come up instead in criminal cases, like drunk driving.

Is an Apology Hearsay?

Any statements made outside of court, offered for the truth of what the statement says, can be blocked as hearsay. However, that means that “I’m sorry” would only be blocked as evidence that you were, in fact, sorry. It could still be used to show the speaker’s mental state.

Even so, statements by the other party are usually allowed as evidence, even if they would otherwise be hearsay.

Is it Worth Suing?

Even if the other side already said sorry, you may still need monetary damages for your case. You cannot pay for car repairs and medical bills with an apology, and filing an insurance claim or lawsuit may be necessary.

Can You Sue if You Are Partially at Fault?

If you apologized because you actually were partially at fault, you may still be able to get damages. Most states reduce the victim’s damages by their percentage of fault but still allow you to sue, as long as your whole-number percentage of fault was under 50% or 51% (depending on state law).

The Personal Injury Attorneys at The Reiff Law Firm Have the Experience

For an in-depth, free, and private case review with our Pennsylvania car accident attorneys, call The Reiff Law Firm at (215) 709-6940.