Auto Insurance: Answering Accident Questions

Being involved in a car accident can be a stressful experience, and dealing with insurance companies afterward can be tricky. The other driver's insurance company will likely be looking for ways to deny or minimize the value of your claim. They will try to get you to say something that will damage your claim, and they may use your own words against you. It is important to know how to handle these conversations and protect your legal rights and interests. In this article, we will discuss how to answer questions from insurance companies after a car accident, including the types of questions they may ask and the tactics they may use. We will also provide guidelines for protecting your claim value and ensuring you receive fair compensation for your losses.

You are not legally required to speak to the other driver's insurance company

If you receive a call from the other driver's insurance company, you are not legally required to speak to them. If you do not want to speak to them, you can politely decline and refer them to your lawyer.

Insurance adjusters are trained to get people to make statements that will damage their case and help the insurance company. They will attempt to contact you soon after the accident, before you have had a chance to talk with an attorney. They will try to get you to make admissions or inconsistent statements that can be used against you during cross-examinations. They may also ask for a recorded statement or a medical release authorization, which you are not legally obligated to provide. It is in their interest to minimize the validity of your claim and get information to use against you.

If you are open to speaking with the insurance company, be careful with what you say. Be honest and stick to the facts, only providing information about the property damage to your vehicle. Do not volunteer any extra information and do not comment on your injuries. Do not agree to provide a recorded statement, and do not feel pressured to answer questions about how the collision occurred or your injuries before you have completed your medical treatment.

Be cautious about what you say to insurance companies as their goal is to minimise the validity of your claim

It is important to be cautious about what you say to insurance companies after a car accident, as their goal is to minimise the validity of your claim. Here are some guidelines to follow:

Do Not Answer Questions from the Insurance Company

You are not legally required to speak to the other driver's insurance company. If you do choose to speak with them, be aware that they may try to get you to make statements that damage your claim. It is recommended to refer them to your lawyer instead.

Be Careful with What You Say

If you decide to speak with the insurance company, be mindful that their goal is to minimise the validity of your claim and gather information to use against you. Be honest and stick to the facts, only answering the questions asked without providing unnecessary details. Avoid discussing your injuries, as this can be used to downplay the severity and reduce your compensation.

Do Not Provide a Recorded Statement

Do not agree to provide a recorded statement, as this could be used against you. The insurance adjuster may pressure you by saying it will speed up the process, but a recorded statement can be used to diminish the value of your claim. You are not legally obligated to provide one.

Do Not Provide a Medical Release Authorisation

Avoid signing a medical release authorisation, as this gives the insurance company access to your full medical history. They may use evidence of a pre-existing condition to deny your claim or reduce your settlement. Only provide medical records directly related to the injuries from the accident.

Do Not Discuss Substance Use

Never volunteer information about alcohol or drug consumption, even if it was minimal. The insurance company may use this as a reason to deny your claim, especially if you were driving. If there is evidence of substance use, they will find it, and you do not want to give them additional ammunition to avoid financial liability.

Do Not Accept the First Settlement Offer

Insurance companies often try to settle claims quickly and for as little money as possible. Do not accept the initial settlement offer, as it is usually the lowest amount they believe they can offer. Consult with a lawyer who can negotiate on your behalf to ensure you receive fair compensation for your damages.

Avoid commenting on your injuries

After a car accident, it is important to be cautious about what you say to the insurance company, as their goal is often to minimise the value of your claim. Here are some reasons why you should avoid commenting on your injuries:

Protect Your Claim

The insurance company may try to lock you into descriptions of your injuries that minimise the extent of your damages or your need for long-term care. If you say something different later, they may argue that you are lying or exaggerating your injuries. It is best to inform the adjuster that you are receiving medical treatment and that your attorney will provide updates as needed.

Avoid Inconsistent Statements

Insurance companies may use tricks to get you to make inconsistent statements about your injuries. For example, they may ask you to provide a recorded statement or answer questions about your injuries before you have completed your medical treatment. If you provide different information later, they may argue that inconsistencies in your statements show that you are a liar or prone to exaggeration.

Avoid Providing Ammunition

Anything you say about your injuries can be used against you. The insurance company will investigate your accident and decide about how it occurred. They do not need to know every little detail of your life after the accident, including information about your family, job, past accidents, or past injuries. It is best to only share information about your injuries once you know the full scope of them and only provide the necessary records to prove your injuries.

Avoid Downplaying Your Injuries

Many injury victims tend to downplay the severity of their injuries when speaking to an insurance adjuster. This can lead to a lowball offer on your claim, as the adjuster may argue that there was an intervening event after the accident that made your injuries worse. It is important to get a doctor's examination, as some injuries do not show symptoms immediately, and to know the full scope of your injuries before sharing any information.

Do not agree to have your statement recorded

It is generally advised that you do not agree to have your statement recorded when dealing with an insurance company after a car accident. This is because insurance companies are not on your side; their goal is to pay you as little compensation as possible, and they will try to use your words against you to limit your claim.

Recorded statements are often requested soon after a car accident, at a time when you may not know the full extent of your injuries or how long it will take to recover. If you say you are "fine" or "felt fine" soon after the crash, for example, the insurance company will take that as evidence that you were not injured. They will also compare your statement to the accident report, witness statements, and what you told police officers at the scene, and any inconsistencies will be used to cast doubt on your claim.

Additionally, adjusters are skilled at conducting recorded statement sessions and may ask trick questions designed to get a certain response from you. Even if you listen to the questions carefully, you could still say something you do not mean.

If the insurance company for the other driver in the crash or any other involved party asks for a recorded statement, you do not have to agree to this and you should decline the request. If it is your own insurance company asking for a recorded statement, you may be obligated to cooperate to some extent. However, you can still refuse to be recorded and ask to provide a written statement instead, or postpone the statement until you have consulted a lawyer.

Write down the adjuster's name and information

After a car accident, the other driver's insurance company will try to contact you to get information that could be used to deny or minimise the value of your claim. If you do choose to speak with the insurance company, it is important to write down the adjuster's name and information for future reference. Here are some reasons why:

First, the insurance adjuster will likely be the main point of contact for any future communication about your claim. Having their direct contact information will allow you to quickly reach out to them with any updates or questions. It also ensures that you are communicating with the correct person at the insurance company, which can help prevent any potential misunderstandings or delays in the claims process.

Second, taking note of the adjuster's name and information allows you to keep a record of all individuals involved in the claims process. This is important for your own reference, as it enables you to keep track of who you have spoken with and when. Additionally, if any issues or disputes arise during the claims process, having the adjuster's information will allow you to quickly address these concerns with the relevant person.

Third, writing down the adjuster's name and information helps ensure accuracy and prevents miscommunication. By having their information, you can easily verify that you are communicating with the correct person and that all information exchanged is accurate. This reduces the risk of errors or misunderstandings that could impact your claim.

Finally, taking note of the adjuster's name and information allows for better organisation and record-keeping. It enables you to keep all the relevant information in one place, which can be helpful if you need to refer back to the details of your conversations or interactions with the insurance company. This can be particularly important if your claim becomes complex or involves multiple parties.

While speaking with the insurance company, it is also recommended that you take notes during the conversation. Make sure to document the date, time, and a summary of what was discussed. This will help you keep a record of any important information conveyed by the adjuster and ensure that you don't forget any key details.

Frequently asked questions