Insurance Calls: Why You?

If you've been in a car accident, you might receive a call from an insurance company. This could be your own insurance company, or it could be the company of the other driver involved in the accident. It's important to know how to handle these calls, as anything you say may be used against you in the claim process. You are not legally obliged to speak to the other driver's insurance company, and it may be in your best interest to first speak to a lawyer. If you do choose to speak to them, remember to protect your rights, be polite, and only provide basic information.

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

If you've been in a car accident, it's usually not a good idea to talk to the other driver's insurance company. You are not legally obliged to speak to an adjuster from another insurance company. In most states, you are only required to speak with a representative of your own insurance company.

If you do choose to speak to the other driver's insurance company, remember that anything you say may be used against you. You should refer the insurance company to your attorney. If you don't have an attorney, be sure to keep the following in mind:

• Do not say anything that may imply you are at fault for the accident.
• Do not go into details about your injuries.
• Do not agree to sign any documents that would provide blanket access to your medical records.
• Do not provide contact information for potential witnesses.

If the insurance adjuster asks to record the conversation, it's important to stick to the facts and only answer the questions directly. You may not be able to opt out of a recorded conversation, but you can limit what you say.

If the insurance company makes a settlement offer over the phone, it's in your best interest to speak to your attorney before making a decision.

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. They may ask to record the conversation, and you are within your rights to decline this request. It's important to remember that you are not legally obligated to speak to the other driver's insurance company, and if you do choose to speak with them, you should be very cautious about what you say.

Insurance adjusters are trained to look for evidence that can be used against you, and they will try to draw you out with questions that seem unrelated to the incident. They may also encourage you to agree with something you know is not true, or to say something that implies fault, which could give them a reason to deny your claim. Even saying something like "I feel okay" may be interpreted as "I am not injured," which could be used against you if you later try to claim for injuries.

In addition, it's important to remember that insurance companies will also look at your social media and online presence for any information that could be used against you. This includes posts, pictures, and texts, even if you think you have deleted them.

To protect yourself, it's best to refer the insurance company to your attorney. If you don't have an attorney, you can decline to answer their questions, or provide minimal information such as your name, address, and phone number. You should also avoid discussing the accident, your injuries, or any insurance claims.

Do not let them record you or give a written statement

When you receive a call from an insurance company, especially after an accident, it is important to remember that you are not legally obliged to speak to an adjuster from another insurance company. If you are uncomfortable, you can decline to talk to them, ask them to call the adjuster from your insurance company, or tell them you will only speak in the presence of your lawyer.

The other driver's insurance company is not on your side. Their goal is to pay you as little as possible and they will try to trick you into providing evidence that the accident was your fault, or that any injuries you suffered were minor. They will also try to get you to agree to a settlement over the phone, which is almost always less than you deserve.

To avoid giving them any ammunition to use against you, do not let them record you or give a written statement. They will try to convince you that it will make the process faster, but a recorded statement is one of the main ways you can damage your case. They will compare it to the statement you gave to the police and look for any inconsistencies. They will also ask you unusual questions designed to undermine your claim. If you give a recorded statement, you risk damaging your insurance claim.

Instead, politely decline to give a statement until later. Tell them you are waiting to hear back from your doctor or that you have not had time for a proper medical examination.

If you do choose to speak to them, only give them your name, address, and phone number if necessary. Do not volunteer any information about the accident, your injuries, your insurance company, or your insurance claims. Take notes during the conversation and let them know that they should not contact you again, but that you will contact them if needed.

Never admit fault or say you are not hurt

When involved in a car accident, it is important to never admit fault or state that you are unharmed. Admitting fault can have several negative consequences, including losing your right to claim compensation from the other driver for any losses you suffered in the accident. This includes medical bills, car repairs, and time taken off work. Even if you believe you are at fault, it is best to avoid admitting this to the other driver, the police, or insurance companies. Instead, you have the right to discuss the accident with an attorney, who can advise you on your legal options and help you file a personal injury claim if necessary.

There are several reasons why admitting fault after a car accident is not advisable:

• You may be emotionally traumatized and not thinking clearly in the aftermath of the accident, which could lead to inaccurate statements or false apologies. It is best to wait until you have calmed down and can assess the situation more objectively.
• You may not have all the facts about the other driver or the circumstances that led to the accident. There could be critical information about contributing factors that you are unaware of, such as distracted driving or vehicle defects.
• Once your statement is documented, it can be difficult to change it. Police reports and insurance companies rely on these statements to determine the outcome of the case, and changing your statement can hurt your credibility.
• Admitting fault can negatively impact your personal injury claim. In some states, such as New York, you may still be able to collect compensation even if you are partially at fault, but the percentage of fault assigned to you may reduce the amount you can recover.

In addition to not admitting fault, it is also important to refrain from stating that you are unharmed after an accident. The shock of the incident can mask the extent of your injuries, and some injuries may not present symptoms right away. Therefore, it is advisable to refrain from making any definitive statements about your condition until you have been fully examined by a medical professional.

To protect yourself, it is recommended to consult with an attorney before speaking to insurance companies or providing any recorded statements. An experienced car accident lawyer can guide you through the process, investigate the accident, review reports and statements, and negotiate with insurance companies on your behalf. They can also help you navigate insurance laws and ensure your rights are protected.

Only answer the question asked

If you've been in a car accident, you may receive a call from the other driver's insurance company. You are not legally required to speak to them, but if you do, remember that anything you say may be used against you.

If you do decide to answer their call, it's important to only answer the question asked. Do not volunteer any additional information. Be polite, but keep your answers concise and factual. Avoid discussing your injuries, admitting fault, or signing any documents. Ask for the adjuster's name, contact information, and the insurance company they are calling on behalf of.

Remember, the other driver's insurance company is not on your side. Their goal is to minimise their payout, so they may try to trick you into saying something that reduces their liability. You can protect yourself by being cautious about what you say and referring them to your attorney.

It's always a good idea to contact your own insurance company after an accident, regardless of who is at fault. They can guide you through the claims process and provide the necessary support.

Frequently asked questions