Why is it inadvisable to apologise for a car accident?

Question

In my younger days I was involved in a car accident, where through a combination of bad road-conditions and my inexperience, I skidded (aquaplaned?) into a car who had stopped on the road to turn in front of me. While both cars had extensive damage, thankfully no one was injured beyond needing a few pain-killers.

I got out of the car to check on the person I hit, and my impulse was to apologise profusely. However, I had been previously advised to never apologise after a car accident, so, despite the guilt I felt, I didn't. When it came to insurance claims and the like, I didn't deny that I was at fault in this case.

But my question is, why should you never apologise? Can your apology be later used as evidence against you, in either court or another form of dispute? Or is it just that it gives the other party the psychological upper hand?

Maybe it only applies to when the fault is less clear-cut? Would there have been any legal disadvantage to my apologising at this point given that I had no plans to dispute my culpability?

Answer 1

canada

Most provinces and territories have enacted something like an Apology Act. For example, the Quebec Civil Code says:

An apology may not constitute an admission.

Furthermore, it may not be admitted into evidence, affect the determination of fault or liability, interrupt prescription or cancel or reduce the insurance coverage to which the insured or a third person is entitled.

Any express or implied expression of sympathy or regret constitutes an apology.

And British Columbia's Apology Act says an apology does not constitute an admission of fault and is not admissible as evidence in any proceeding in connection with the matter of the apology.

Ontario's provides that an apology made by or on behalf of a person in relation to any matter does not constitute an admission of fault or liability by the person, except for the purposes of a proceeding under the Provincial Offences Act.

Yukon, New Brunswick, and Prince Edward Island do not have a similar act. In these jurisdictions, some lawyers advise that "[i]f you apologize or say the collision was your fault, it could be used against you later on."

united-states

Most states also have some form of apology law, some only applying in limited fields such as medical practice, others applying generally to all civil actions. California's is an example of the latter:

The portion of statements, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering, or death of a person involved in an accident and made to that person or the family of that person shall be inadmissible as evidence of an admission of liability in a civil action. A statement of fault, however, which is part of, or in addition to, any of the above shall not be inadmissible pursuant to this section.

Texas's is similarly broad.

Answer 2

Historically, an apology could be taken as an admission of wrongdoing

Your apology could be introduced as evidence that you knew:

1. Something bad happened
2. You were the cause of it
3. You accept that you were the cause of it

This is bad enough, but, if you are insured, your insurance policy will have a clause in it saying they won’t pay up if you admit liability without their permission. And, arguably, you just did.

As another answer has pointed out, many, many jurisdictions have passed laws that make it explicit that an apology or any other expression of regret or sympathy is not an admission of liability. So, it’s mostly a historical relic. However, there is some evidence that apologising increases the risk of being sued, even though the apology is inadmissible.

Answer 3

France

It does not matter.

If there are no people injured you fill in a form [FR] (this is an identical form for all of EU) and each of you sends a copy to their insurance company.

This form does not discuss who is at fault, it is just administrative information (name, insurance company, ...), a drawing of the accident and some tangible information (visible damages, meteorological conditions).

All participants must sign it off, you involve the police if someone does not want to.

Answer 4

Things you say in the course of the apology can and will be used against you. Not "Gosh I'm sorry this happened" but "Gosh, I really should have checked my mirrors".

Get it? Admitting you did not check your mirrors is a fatal mistake. Because that will be flipped on you.

You are also violating your own commitment. When you bargained to have an insurer cover your accidents, you promised you would not admit guilt or disclose insurance limits, and several other things. Maybe you didn't read the thing you gave your word to, but it is your word just the same.

The other thing is you are not omniscient! It's sheer vanity to think so, seconds after an accident proved you are not lol. You don't know everything. There could have been wild X-factors that you have no idea about.

Back in the 1990s it was hard to know that, but today, cameras are everywhere. Someone can pop up with a dashcam or phone shot, or you may just be reviewing your own cameras, and see things that place their actions in a totally different light.

We see this all the time on social. And it's a lucky day for somebody when an exculpatory (affirming innocence) video pops up.

So similar to a police detention, don't run your mouth. Don't fill awkward silences (a favorite trick of those good at extracting such statements from you). Know your obligations and do nothing less, or more.

Answer 5

Apologizing after a car accident, even if you believe you’re at fault, can complicate legal and insurance matters. For example, saying “I’m sorry” might be seen as an admission of liability, which could later be used against you in court or during settlement negotiations. This is especially relevant in situations where fault isn't immediately clear—your apology could be interpreted as taking responsibility even if other factors, like road conditions, contributed to the accident.

It’s important to remember that fault is determined based on evidence, such as police reports, witness statements, and damage assessments. Apologizing might prematurely influence this process or give the other party leverage. Instead, focus on ensuring everyone’s safety and exchanging information without making statements about responsibility. Expressing concern like, “Is everyone okay?” is compassionate but neutral, allowing fault to be determined through the proper channels.