Auto Insurance: Your First Choice?

If you've been in a car accident, you may be wondering whether you're obliged to speak to the other driver's insurance company. The answer is no—in most states, you're only required to speak with a representative of your own insurance company. However, depending on the circumstances, you may need to communicate directly with the other party's provider. For instance, if the other driver was clearly at fault, you can file a claim directly with their insurance company, which is called a third-party claim.

If the other party's insurance company does contact you, it's important to be prepared and understand how to respond. Protect your rights by being polite and staying calm. Get the name of the company and the person you're speaking to, and take notes during the conversation. Provide only the necessary information, such as your name, address, and phone number. Do not volunteer any details about the accident, your injuries, or your insurance claims.

You are not legally obliged to speak to an adjuster from another insurance company

If you've been in a car accident, you might receive a call from the other driver's insurance company. This can be stressful, especially if you're unsure of what to do or say. Here's some information to help you navigate this situation:

In most states or countries, you are legally required to speak only with a representative of your own insurance company. Speaking with an adjuster from another insurance company is often not legally required. If you feel uncomfortable talking to another insurance company's representative, you have the right to decline. You can also request that they contact your insurance company's adjuster or inform them that you will only speak in the presence of your lawyer. It's important to know your rights and options in such situations.

Protect Yourself and Your Rights

When dealing with another insurance company, it's crucial to protect your rights. Be polite and stay calm during the conversation. Before answering any questions, obtain the name of the company and the name and title of the person you're speaking with. Take notes during the conversation, and provide only the necessary basic information, such as your name, address, and phone number. Do not volunteer any details about the accident, your injuries, your insurance company, or your insurance claims.

End the Conversation Appropriately

To prevent the other driver's insurance company from repeatedly contacting you, end the conversation by letting their adjuster know that they should not contact you further and that you will initiate contact if needed. Be clear about your preferences for limited telephone contact in the future.

Know the Tactics of Insurance Companies

Insurance companies have their interests in mind, not yours. Their primary goal is often to pay out as little money as possible and deny or minimise claims. They may try to trick you into providing evidence that shifts fault for the accident onto you or downplays the extent of your injuries. They may also pressure you into accepting a quick, low settlement before you understand the full extent of your injuries and costs. Remember, you are under no obligation to accept a settlement over the phone or sign anything without seeking legal advice first.

Consult a Lawyer

If you have been seriously injured or face significant time off work due to the accident, consider hiring a personal injury lawyer. They can protect your rights, ensure you receive fair compensation, and deal with the insurance companies on your behalf. Remember, insurance adjusters are trained professionals who deal with these situations daily, so having an experienced lawyer on your side can help level the playing field.

The other insurance company is not your friend

When dealing with the other insurance company, it's important to remember that they are not your friend. While insurance companies often present themselves as someone you can trust, their primary goal, like any other business, is to maximize profits. This means that their priority is protecting their bottom line, not looking out for your best interests.

They Want to Pay You as Little as Possible

The other insurance company's main objective is to minimize their financial payout. They are not concerned about your well-being or the extent of your injuries. Their adjusters are trained to get you to relax and then try to get you to admit fault, downplay your injuries, or accept a low settlement offer.

They Are Skilled Negotiators

Insurance adjusters are skilled negotiators who use specific tactics to get you to settle. They may use phrases like "this is my best offer" to pressure you into accepting a lowball offer. They may also discourage you from seeking legal counsel or other professional advice, as they know this could strengthen your case.

They Will Try to Get a Recorded Statement

Insurance adjusters often request a recorded statement, claiming it will speed up the claims process. However, their true motive is to look for inconsistencies between your statement and the police report or other evidence. They will ask tricky questions and use your answers against you to weaken your case or force you into a settlement.

They Won't Tell You Everything

Insurance companies are not forthcoming about all the compensation you may be entitled to. For example, they may not inform you that you can claim compensation for items in your vehicle, the diminished value of your vehicle, rental car costs, prescription medication, or non-economic damages like pain and suffering.

They May Delay or Avoid Contact

Some insurance companies employ tactics such as not returning your calls or delaying the claims process to frustrate you. They hope that by putting you in a desperate position, you will be more inclined to accept a low settlement offer.

Remember, when dealing with the other insurance company, it is crucial to be cautious and protect your rights. Consider seeking the advice of a personal injury attorney who can guide you through the process and ensure you receive fair compensation.

Anything you say can and will be used against you

If you've been in a car accident, you may receive a call from the other driver's insurance company. While you are not legally required to speak with them, you may choose to do so. However, it is important to remember that anything you say to the other driver's insurance company can and will be used against you. Here are some things to keep in mind when dealing with the other driver's insurance company:

Be cautious about what you say: The insurance adjuster will be looking for any information that can be used to pin the fault for the accident on you or to minimize the amount of compensation they have to pay. Be polite and calm, but only provide the bare minimum of information, such as your name, address, and phone number. Do not volunteer any details about the accident, your injuries, or your insurance claims.

You are not required to give a recorded statement: It is never a good idea to give a written or recorded statement to the other driver's insurance company. They may try to convince you that it will make the process faster, but it will only give them ammunition to use against you later. They will be looking for any inconsistencies between your statements and the police report or your insurance claim.

Do not admit fault or say you are not hurt: The details of the accident may be blurry, especially if you suffered a concussion or whiplash. Even if you are unsure who was at fault, never admit any responsibility for the accident, as it can seriously damage your case. Similarly, do not say that you are not hurt, as the effects of an accident may not be apparent immediately due to the adrenaline rush.

Only answer the question asked: Do not get drawn into a friendly chat with the insurance adjuster. They are not your friend and are only looking for ways to trick you into giving evidence against yourself. Stick to providing factual information and do not discuss the details of the accident, your injuries, or your opinions about the situation.

Do not agree to a settlement over the phone: The other driver's insurance company may try to push you into accepting a quick settlement, especially if they know their driver was at fault. However, you should not accept any settlement without first understanding the extent of your injuries, medical bills, and property damage.

Consider hiring a personal injury lawyer: If you have been seriously injured, consider hiring a personal injury lawyer to protect your rights and ensure you receive the compensation you deserve. They have experience dealing with insurance companies and can help you navigate the process.

Remember, when dealing with the other driver's insurance company, always be cautious about what you say, as anything you tell them can and will be used against you.

Do not let them record you or give a written statement

When shopping for auto insurance, it is important to remember that you are not legally required to speak with a representative of another insurance company. If you do choose to speak with them, it is crucial to be cautious and protect your rights.

One of the main tactics that insurance adjusters use is to try to get you to agree to a recorded conversation or a written statement. They may say something like, "This will be much faster if you can give us a recorded statement." However, it is important to not let them record you or give a written statement. Here are some reasons why:

• A recorded statement can be used to undermine your accident claim. Insurance adjusters will compare it to any previous statements you made, such as the one you gave to the police at the scene of the accident or when filing your claim. They are looking for even the slightest inconsistency to deny your claim.
• Recorded statements are less precise than written ones. It is easy to fumble a word or phrase or make a mistake when stating a crucial fact.
• Insurance adjusters may ask vague or specific questions that you don't have definitive answers to, making you sound uncertain and casting doubt on your claim.
• They may also ask about your medical history or medications you are taking, which you are not required to disclose.
• The insurance adjuster is not your friend. Their goal is to pay you as little money as possible, and they will try to trick you into providing evidence that the accident was your fault or that your injuries are minor or non-existent.
• If your case goes to trial, the other party's lawyers will use your recorded statement during cross-examination. You may have a hard time remembering what you said, and they will zero in on any discrepancies between your previous statement and your testimony.

If an insurance adjuster insists on a recorded statement, politely end the call and contact an attorney. Let the attorney determine if you need to provide a statement and what the terms should be. Remember, it is always best to have an attorney present or on the phone with you during any communication with an insurance company.

Never admit fault or say you are not hurt

When dealing with auto insurance companies, it is important to remember that you are not legally required to speak with a representative of another driver's insurance company. If you do choose to speak with them, it is crucial to watch what you say. Never admit fault or say that you are not hurt, even if you believe you are partially responsible for the accident. Here are some reasons why:

Emotional Trauma

Even if you are not severely injured, the impact of a car accident can be psychologically devastating. You may be emotionally traumatized or not thinking clearly in the aftermath, which could lead to inaccurate statements or false apologies. It is best to wait until you have calmed down before assigning blame or discussing the accident in detail.

Incomplete Information

At the time of the accident, you may not have all the facts about the other driver or the circumstances that led to the collision. For example, the other driver may have been distracted, which is not always easy to recognize from your vehicle. By waiting until you have more information, you can make a more accurate assessment of the situation.

Difficulty Changing Your Statement

Once your statement is documented, it can be difficult to change it. Police reports and insurance companies rely on your initial statement to determine how to proceed and close the case. Changing your statement can cause suspicion and hurt your credibility, potentially damaging your case.

Impact on Personal Injury Claim

Admitting fault can hurt your personal injury claim. In some states, such as New York, you may still be able to collect compensation even if you are partially responsible for the accident. However, the percentage of fault assigned to you may be deducted from your damages. For example, if you are found to be 10% at fault, your compensation may be reduced by that amount.

Insurance Company Tactics

The other driver's insurance company is not on your side. Their primary goal is to pay out as little money as possible, and they will use various tactics to achieve this. They may try to trick you into providing evidence that the accident was your fault or that your injuries are minor or non-existent. They may also pressure you to accept a quick settlement before you fully understand the extent of your injuries or the cost of repairs.

To protect yourself, it is generally advisable to consult an attorney before speaking with any insurance company, including your own. An experienced lawyer can advise you on what to say and help you navigate the claims process. Remember, never admit fault or downplay your injuries, as doing so could seriously impact your case and the compensation you may be entitled to.

Frequently asked questions