How To File An Auto Insurance Claim: What To Say

If you've been in a car accident, it's important to know what to say when filing an insurance claim. Your insurance company is not your friend, and they are not looking out for you. They are a business, and their goal is to make a profit by paying out as little as possible. This means that they will look for any reason to reduce the amount of your compensation or deny your claim altogether. To protect yourself, it is crucial that you understand what not to say to your insurance provider. Admitting fault, providing recorded statements, or giving unnecessary details can all be used against you and hurt your claim. On the other hand, sticking to the facts and seeking legal advice can help ensure that you receive the full compensation you deserve.

Avoid saying I'm sorry or anything that can be construed as admitting fault

When filing an auto insurance claim, it is important to avoid saying anything that could be construed as admitting fault. This is because insurance companies are for-profit ventures that will try to pay out as little as possible. If you admit fault, your claim could be denied outright or drastically reduced in value.

So, instead of saying "I'm sorry", try saying "Thank you for your patience" or "Thank you for working with me". These phrases allow you to express gratitude while maintaining your innocence.

If you are asked about your injuries, do not say "I'm fine" or "I feel okay" as your body may be in shock and you may not feel the full extent of your injuries. Instead, wait until you have been fully examined by a doctor before commenting on your condition.

Similarly, avoid making any definitive statements about the accident, especially if you don't know the answer to a question. It is perfectly acceptable to say "I don't know" or "I'm not sure". Do not speculate about what happened as you could accidentally implicate yourself.

If you are asked to provide a recorded statement, politely decline. A written statement is preferable as it gives you more control over what you say and allows your attorney to review it before submission.

Don't give opinions or use phrases like I think or I feel

When filing an auto insurance claim, it is important to be mindful of the language you use when speaking to insurance adjusters. Here are some detailed instructions and considerations to keep in mind:

Avoid using opinionated phrases:

Refrain from using phrases such as "I think" or "I feel". Stick to factual information and avoid speculating or expressing assumptions. If you are unsure about something, simply say, "I don't know". Do not offer opinions or guesses, as these can be used against you.

Provide only necessary information:

When discussing the accident, stick to the basic details such as the location, date, vehicles involved, and witness information. Do not provide unnecessary information or extra details that are not specifically requested. Anything you say can potentially be used to reduce your compensation or deny your claim.

Be cautious when discussing injuries:

Do not downplay your injuries or claim that you are "fine". The full extent of your injuries may not be apparent immediately after the accident, and adrenaline can mask certain symptoms. Refrain from discussing your injuries until you have been properly examined by a medical professional.

Do not admit fault:

Even if you believe you are partially responsible for the accident, avoid making any statements that could be interpreted as an admission of fault. Insurance companies will look for ways to reduce their payouts, and admitting fault can significantly impact the value of your claim or result in a denial.

Avoid recorded statements:

You are not obligated to provide a recorded statement without consulting your attorney first. Recorded statements can be scrutinized for inconsistencies and used against you. It is generally advisable to submit a written statement instead, as it gives you more control over what you say and allows your attorney to review it beforehand.

Consult with an attorney:

Consider seeking legal representation from a skilled car accident lawyer. They can guide you through the claims process, protect your interests, and ensure that you do not inadvertently jeopardize your claim by saying something incorrect.

Don't downplay your injuries or say you're fine

When filing an auto insurance claim, it is crucial that you do not downplay your injuries or claim that you are fine. This is because your body may be in a state of shock after an accident, and you may not feel the full extent of your injuries immediately. Some injuries may not present symptoms right away but can still be severe and require medical attention. By downplaying your injuries, you risk undermining the seriousness of your condition and may not receive the necessary treatment or compensation you are entitled to.

Insurance companies are not on your side; they are for-profit businesses that aim to minimise payouts. If you say you are "fine" or "I feel okay", the insurance adjuster may use this against you to deny or reduce your claim. They may argue that since you initially claimed to be fine, your injuries are not as severe as you now claim. To avoid this, refrain from making any definitive statements about your injuries until you have undergone a comprehensive medical examination.

Additionally, failing to report your injuries promptly can make it more challenging to prove their extent and linkage to the accident. Insurance companies may scrutinise delays in reporting or seeking medical attention, assuming that the injuries are not as severe as claimed. Therefore, it is crucial to report your injuries as soon as possible and seek medical attention to have your injuries properly documented.

Moreover, downplaying your injuries can also impact your financial stability. If your injuries limit your ability to work or reduce your earning capacity, not receiving proper compensation can hurt your financial prospects. Workers' compensation is designed to provide financial support and help you return to work safely. By downplaying your injuries, you may miss out on the benefits you are entitled to, making it challenging to cope with the financial implications of your injuries.

In conclusion, when dealing with insurance companies, it is crucial to be cautious about what you say regarding your injuries. Refrain from claiming that you are "fine" or downplaying the impact of your injuries. Instead, seek medical attention, report your injuries promptly, and consult with a personal injury attorney who can guide you through the claims process and help you receive the compensation you deserve.

Avoid recorded statements and giving too many details

When filing an insurance claim after a car accident, it is important to avoid recorded statements and giving too many details, as this can potentially harm your claim.

Firstly, you are not legally obligated to give a recorded statement to the insurance company. If you do provide a recorded statement, it becomes a part of your claim and you won't be able to change what you said. Recorded statements are often used by insurance companies to try and reduce the amount of compensation they pay out. They will try to get you to say something that can be used against you to limit your compensation. For example, they may ask about your injuries to try and downplay their severity or ask vague questions to make you sound less sure about how the accident happened. They may also try to compare your statement to previous ones to find contradictions and make you seem less reliable.

If you are contacted by the insurance company of the other driver involved, you should decline to give a recorded statement. If you are filing a claim with your own insurance company, you may have to cooperate to some extent, but you should still be careful about what you say. In this case, it is recommended that you speak to a lawyer first before providing a recorded statement. A lawyer can help you prepare your statement and ensure that you only provide relevant information.

In addition to avoiding recorded statements, it is also important to be cautious about the details you provide to the insurance company. Avoid giving unnecessary details, as this can be used against you. Only provide basic information such as your contact information, the make and model of your car, and when and where the accident took place. Refer any questions about your injuries to your lawyer. Do not downplay or exaggerate your injuries, as this can hurt your claim. It is important to wait until you have had a full medical examination before discussing your injuries with the insurance company, as some injuries may not be apparent immediately after the accident.

Consult a lawyer before accepting a settlement offer

When dealing with insurance companies, it is important to remember that they are not on your side. They are a business, and their priority is to save money and pay out as little as possible. This is why it is crucial to consult a lawyer before accepting a settlement offer. A lawyer can help you navigate the complex world of insurance and ensure that your rights are protected.

• Expertise and Experience: Lawyers who specialize in auto accident claims have the knowledge and experience to guide you through the claims process. They understand the tactics insurance companies use to minimize payouts and can build a strong case on your behalf.
• Protection from Insurance Companies: Insurance adjusters may try to pressure you into accepting a lowball offer or trick you into making statements that could reduce your compensation. A lawyer will handle all communication with the insurance company, protecting you from these tactics and ensuring your best interests are represented.
• Evaluation of the Settlement Offer: A lawyer can review the settlement offer and assess whether it adequately covers your losses. They will consider both your current and future needs, including medical expenses, lost wages, property damage, and pain and suffering.
• Negotiation and Counteroffers: If the initial settlement offer is unfair or insufficient, a lawyer can negotiate on your behalf and make counteroffers. They can leverage their knowledge of personal injury law and their experience with similar cases to fight for a higher payout.
• Evidence and Expert Witnesses: Lawyers can gather evidence and consult expert witnesses to strengthen your case. They can also arrange independent medical evaluations to ensure that the full extent of your injuries is documented, which can be crucial for maximizing your compensation.
• Understanding the Legal Process: The legal process can be complex and intimidating, especially if you are recovering from injuries. A lawyer can explain your legal options, including the possibility of filing a lawsuit if the insurance company refuses to negotiate fairly. They can also handle the paperwork and legal procedures, allowing you to focus on your recovery.
• Peace of Mind: Dealing with the aftermath of an auto accident is stressful enough without having to worry about negotiating with insurance companies. A lawyer can provide you with peace of mind, knowing that a skilled professional is handling your case and looking out for your best interests.

Remember, you don't have to face the insurance company alone. Consulting a lawyer before accepting a settlement offer can make a significant difference in the outcome of your claim and help ensure you receive the compensation you deserve.

Frequently asked questions