If you are making a car accident claim, the other driver’s insurance company will likely contact you to discuss injuries and damages. Ideally, an experienced car accident lawyer should be hired before communicating directly with their insurer.
However, this may not always be feasible. In this article we will look into whether and when to contact the other driver’s insurance company.
What Should I Say?
If you’ve been injured in a car accident, the other driver’s insurance company will most likely contact you and try to arrange a meeting. Should they attempt to contact you directly or send someone over, be mindful about what information to share or disclose when speaking with their representative.
Keep in mind that the other driver’s insurance company will do everything it can to deny or underpay your claim, such as by gathering evidence that shows your injuries were minor or that fault was shared equally between parties.
Your statement may also be recorded, either written or verbal, so they can use it against you later. Do not consent as this could sabotage your case and if asked if you know anything say that no and don’t speculate or guess as to what may have occurred.
Whenever speaking with another driver’s insurance company, be sure to record who spoke to you as well as their title (if applicable). This will enable you to recall details from your conversation at a later time and provide you with a handy record of events. Also take note if any calls were recorded; even if an agent assures you they won’t do this secretly later on.
Don’t Say Anything Unnecessary
As law enforcement reads you your Miranda Rights before questioning you, it’s essential to remember that anything you say could be used against you in a court of law. Insurance companies may request recorded statements after car accidents; should this happen, before providing one we advise contacting an Alabama car accident attorney first.
If you do decide to speak with the other driver’s insurance company, keep your responses short and simple. Do not digress from answering what has been asked of you directly, instead answering their specific queries directly. For additional assistance or explanation if necessary, you can always consult your attorney.
Do not permit them to record your statement either in writing or over the phone; this could be used against you later and create an incriminating version of events which could devalue your claim. Instead, if they ask you to record, make sure they write down their representative’s name and title so you can retrieve this later if needed.
Do not share information with the other driver’s insurance company about how your injuries occurred or when it happened – this information could be used against you and reduce or deny your injury claim or reduce its amount.
Don’t Talk About Your Injuries
After being involved in a car accident, you may receive a phone call from either your own insurance provider or that of another driver’s. While these representatives may seem friendly enough, keep in mind they are likely looking for ways not to pay out claims related to injuries and damages suffered in the incident. Whatever you say can have an immense effect on what compensation is awarded against your claim.
Insurance companies will likely inquire into your injuries and how the accident took place, yet it’s best not to discuss your injuries during these interviews. In order to truly assess how injured you are, medical evaluations and records reviews are often the only ways to know for sure how seriously injured someone really is. Insurance adjusters could use any statements you make against you as evidence against you and twist what was said into an admission of guilt from you.
When speaking to an insurance company, avoid providing details on your injuries. If a representative wants to inquire further about them, explain that evaluations are being done and that when complete you will reach out. You might want to record any conversations with adjusters in your post-accident journal for future reference.
As soon as speaking to an insurance company, never agree to being recorded. Anything you say can be used against you in court if they agree to record you; so, it is wisest not to provide statements without first consulting with an experienced car accident attorney first.
At the start of any telephone conversation with an insurance agent, they may request your permission to record it. When this occurs, politely decline and explain that legal representation has been retained for your dispute and would prefer that their representative handle these discussions on your behalf.
Insurance companies for both parties involved will likely request that you give written or recorded statements regarding an accident. It would be best if you politely declined, informing them that you have hired a personal injury attorney and that he or she will handle all communications between themselves and yourself.
Don’t Talk About Your Vehicle
Even though it is legal for you to speak to the other driver’s insurance company after an accident, doing so is generally not recommended. Car insurers do not usually have your best interests at heart and may use what you say against you to negotiate a lower settlement amount or no settlement at all for your accident claim.
However, there may be exceptions to this rule; in instances in which another driver’s insurance company wants to discuss your claim (usually because they accept fault for the collision), making the call can sometimes be necessary. But even in these instances, it would be prudent to contact an experienced car accident attorney instead and have him or her handle any conversations for you.
When an adjuster from an at-fault driver’s insurance company calls, they may ask for a recorded statement to help your case. But this is no more than a trap as insurance adjusters use what you say against you to disprove it by looking for any discrepancies between what you said and what happened, trying to convince you otherwise and using whatever evidence they can find against you, including inconsistencies between what was said during an interview and actual events, trying to get you to apologize or admit guilt, lock you into their version of events that benefit them, prompt statements regarding injuries which minimize them or extract statements which contradict those contained within an official police report.
Insurance adjusters for car accident claims may seem friendly enough, leading some people to let down their guard and treat them as though they were any other individual when speaking with them. Unfortunately, this could have devastating repercussions for your personal injury case.
After an accident, it is rarely in your best interests to speak directly with the other driver’s insurance company. If they contact you instead, your best course of action should be to inform them that you have hired an experienced car accident lawyer and direct any questions to him/her directly. It would also be prudent to maintain records of conversations you had with all insurance providers involved, especially after speaking directly with those representing another party involved in an incident.
