At-Fault Auto Insurance: What You Need To Disclose

Being at fault in a car accident can be a stressful experience. It's important to know what to do and what not to do when dealing with insurance companies to ensure your rights are protected and you receive fair compensation. Here are some key things to keep in mind:

- Don't Admit Fault: While it may be tempting to take responsibility, admitting fault can jeopardise your claim and give insurance adjusters a reason to deny or devalue your claim. It's best to leave it to the insurance companies and legal professionals to determine fault based on the evidence.

- Avoid Giving Recorded Statements: You are not obligated to provide a recorded statement to the insurance company. Anything you share on record may complicate matters and be used against you.

- Provide Basic Information: When making a claim, car accident victims only need to supply the insurance adjuster with essential details. Consult a lawyer before sharing any additional information.

- Don't Downplay Your Injuries: Be honest about your condition and provide detailed information about your symptoms and medical expenses. Downplaying your injuries may result in the insurer offering inadequate compensation.

- Seek Legal Representation: Insurance companies may employ tactics to minimise their payouts. Having a personal injury lawyer can help protect your interests and ensure you receive fair treatment throughout the claims process.

- Gather Evidence: Collect and document as much information as possible, including photos of the accident scene, vehicle damage, witness statements, medical records, and police reports. This evidence will support your case and help determine fault.

- Notify Your Insurer: Inform your insurance company about the accident promptly to create a record and prevent any issues with deadlines.

- Understand State Laws: Fault determination and negligence laws vary by state, so it's important to familiarise yourself with the specific laws in your state to know your rights and responsibilities.

Don't admit fault or give a recorded statement

When dealing with auto insurance after a car accident, it is important to remember not to admit fault or give a recorded statement. Even if you believe you are at fault, there are many factors that determine this, and it is best to let the insurance companies figure it out. Admitting fault can jeopardise your right to damages and cause the insurance company to deny your claim.

After an accident, you are only required to give the insurance adjuster basic information when making a claim. You are not obligated to give a recorded statement, and doing so could complicate matters. It is also not necessary to give your opinion on who caused the collision, as this is subjective and could hurt your case.

Instead, focus on gathering and submitting evidence to support your claim. Take photos of the accident scene, including vehicle damage, and exchange insurance information with the other driver. Get the names and contact information of any witnesses, as well as their statements. If possible, obtain a police report, as this can help insurance companies determine fault. Contact your insurance company and the other driver's insurance company, providing only the facts of the accident.

Remember, insurance companies want to make a profit, and they will look for any reason to deny claims. By providing only the necessary information and evidence, you can protect yourself and let the insurance companies determine fault.

Avoid discussing any mind-altering substances consumed

When speaking to an auto insurance company, it is important to be cautious about what you say to avoid jeopardizing your claim or admitting fault. Even if you believe you are at fault, it is best to let the insurance company determine this for themselves.

Drunk driving is illegal in all 50 states, and even if you weren't legally drunk, suggesting intoxication could give the insurer grounds to dismiss your claim. Therefore, it is best to avoid discussing any mind-altering substances you may have consumed before the collision. This includes alcohol, but also any other drugs that could have impaired your driving.

Remember that insurance companies want to make a profit, and they will look for any reason to deny car accident claims. Even if you think you are being honest and helpful by admitting fault, it is best to avoid doing so. Instead, stick to the facts of the incident and let the insurance company come to their own conclusions.

Don't downplay your injuries

When you're in a car accident, it's only natural to feel shaken up, angry, frustrated, or confused. However, it's important to remember that what you say and do in the aftermath can significantly impact any insurance claims you make. Here are some reasons why you shouldn't downplay your injuries:

Your Injuries May Be More Serious Than You Think

In the immediate aftermath of an accident, your body is flooded with adrenaline, which can mask the pain of any injuries you've sustained. Additionally, some injuries, such as internal injuries and traumatic brain injuries, may not show symptoms right away. Seeking prompt medical attention and a comprehensive examination is crucial for understanding the true nature and severity of your injuries.

You Could Jeopardise Your Claim

If you write off your injuries as minor, you risk not getting the compensation you need to pay for your medical expenses and other losses. By sharing information about your injuries too quickly, you may inadvertently give the insurance company grounds to downplay your injuries and offer you a lower settlement. It's important to know the full scope of your injuries before sharing any details with the insurance company.

You May Need Ongoing Care

Some injuries require ongoing care and treatment, which can be costly. If you don't have a clear understanding of the extent of your injuries, you may not be able to anticipate these future expenses. By downplaying your injuries, you could be missing out on the compensation you need to cover the cost of your ongoing care.

You Could Face Long-Term Consequences

In some cases, injuries sustained in a car accident can have long-term or even permanent effects on your health and quality of life. For example, a severe traumatic brain injury can result in lifetime costs of millions of dollars. By downplaying your injuries, you may be missing out on the compensation you need to cover these long-term consequences.

You Deserve Fair Compensation

If you've been injured in an accident that wasn't your fault, you deserve fair compensation for your medical expenses, lost income, pain and suffering, and other damages. By downplaying your injuries, you may be selling yourself short and settling for less than what you truly deserve.

Remember, it's always best to seek legal advice from a personal injury lawyer who can guide you through the claims process and ensure your rights are protected. They can help you navigate insurance company tactics and maximize your chances of receiving the compensation you need and deserve.

Don't share unnecessary personal information

When dealing with auto insurance companies, it's important to be cautious about what you say to avoid jeopardising your claim or admitting fault. Here are some things to keep in mind when speaking to an auto insurance company:

• Keep it simple and factual: When discussing the accident, stick to providing only the basic facts and information. Avoid sharing unnecessary personal information, such as details about your family, job, past injuries or accidents, or anything not directly relevant to the case.
• Avoid giving opinions: Refrain from sharing your opinions or subjective statements about who you think is at fault. Even if you believe the other driver is at fault, don't explicitly state this. Instead, present the facts and let the insurance company make its own determination.
• Don't admit fault: Even if you think you may be at fault, avoid admitting it. Admitting fault can negatively impact your claim and give insurance adjusters a reason to deny or devalue your claim.
• Avoid recorded statements: You are not obligated to provide a recorded statement to the insurance company. Anything you say on record could potentially be used against you and complicate your claim further.
• Seek legal advice: Consult a car accident lawyer before sharing any additional information beyond the basics. A lawyer can advise you on what to say and help protect your rights and interests.
• Be mindful of social media: Avoid sharing too much information on social media platforms. Insurance adjusters may access your online posts and use them to contest your claim. For example, sharing photos of yourself smiling and socialising after an accident could be used to downplay the extent of your injuries.

Remember, insurance companies are profit-driven and will look for any reason to deny or minimise claims. Protect yourself by being cautious about what you share and always consult a legal professional if you have any doubts or concerns.

Avoid posting about the crash on social media

When involved in a car accident, it is important to be cautious about what you say to your insurance company and what you share on social media. This is to avoid jeopardizing your claim or admitting fault, even if you think that you are responsible for the crash. Insurance companies want to make a profit and will look for any reason to deny car accident claims.

• The claims adjuster could access anything you share on the web and use it to contest your case. For example, you may post a picture of yourself at a soccer match, smiling with friends. The insurer could see this picture and assume you’re not as injured as you claim.
• Insurers look for any reason to deny or lowball claims. The more you share, the more information the insurer has to work with when offering a low settlement.
• You don’t have to stop using social media during your case, but be mindful of what you share.
• It is okay to give the insurance company basic information about the accident, but limit the details you provide beyond that.
• If you have legal representation, the insurance company is less likely to employ bad-faith insurance practices, such as offering low settlements.

Frequently asked questions