Navigating Insurance Claims: Your Rights And Responsibilities After A Dui Accident

If you've been in a DUI accident, it's important to know your rights and responsibilities when it comes to dealing with insurance adjusters. Insurance adjusters are not on your side and will try to use any information you give them to reduce their company's liability. So, it's crucial that you proceed with caution and only provide the information you are legally required to disclose. While you should never lie when discussing a claim, you should also avoid providing unnecessary details that could be used against you. In most cases, you only need to provide basic personal information, such as your name, address, and phone number. If you are asked about the accident or your injuries, stick to very basic details and inform the adjuster that your attorney will provide further information as needed. It's also important to remember that you are not obligated to provide a recorded statement or sign a medical release. Finally, be wary of accepting any settlement offers, as they are often calculated to be lower than what you may be rightfully owed.

Admit only basic facts, like names, addresses, and accident details

Admitting fault after a DUI accident can have serious consequences, including the reduction or elimination of compensation. Even if you think you may be partially at fault, it is best not to discuss this with an insurance adjuster. Instead, stick to providing only basic information, such as your name, address, and phone number. You can also disclose your place of work and the type of work you do, but it is not necessary to divulge any further details about your job or income.

When it comes to the accident itself, provide only the most fundamental details, including the date, time, location, and type of accident. If there were any other vehicles involved, mention them, and be sure to identify any witnesses. Refrain from speculating about the accident or providing a statement about how it happened. Politely inform the adjuster that your investigation is ongoing and that you will provide additional information at a later, more appropriate time.

Remember, insurance adjusters are trained to seek information that may undermine your claim. They may try to engage you in casual conversation or pressure you to accept a quick and inadequate settlement. It is crucial to remain calm, polite, and cautious throughout your interactions with them. Always keep in mind that they are looking out for their company's best interests, not yours.

If you feel uncomfortable dealing with insurance adjusters, consider seeking legal assistance. An experienced injury attorney can protect your rights, negotiate on your behalf, and, if necessary, represent you in court. They can help ensure that insurance companies receive the information they need without compromising your claim or jeopardizing your compensation.

Avoid discussing injuries—say you're still treating

After a car accident, it is likely that an insurance adjuster will contact you to ask questions about the crash. While you are required to report accidents you are involved in to your insurer, you are not obligated to go into detail.

If an insurance adjuster asks about your injuries, do not give a detailed description. You might leave something out, or your injuries may turn out to be worse than you initially thought. If you need to say something, simply tell the adjuster that you are "still treating" and leave it at that.

• Do not give your medical records to the insurance adjuster. Your medical records are private and protected by law. Insurers can only access them with your permission, which they will request by asking you to sign a medical release. Do not give it to them. Instead, let your attorney review your records and send them to the adjuster if necessary.
• Do not say that you "feel fine." Remember that your compensation is largely calculated based on the pain and suffering you experience due to your injuries. Do not undermine your claim by understating the severity of your injuries, especially if they have not been evaluated by a doctor. Inform the adjuster that your attorney will be in touch with your medical records at the appropriate time.
• Do not give a recorded statement about your injuries. You are not legally required to provide a recorded statement, and it is against the law for an adjuster to record you without your permission. You may forget to say important things or describe things incompletely, and it can be nearly impossible to correct or expand on what you have said in a recording. Politely decline any requests for a recorded statement.

Refuse to give recorded statements to insurance adjusters

After a car accident, it is likely that an insurance claims adjuster will contact you soon after the incident to ask for details about the crash. They may ask you to give a recorded statement, which is one of the most common tactics insurance companies use to devalue claims.

You are not legally required to provide a recorded statement to an insurance company. It is in your best interest to delay the call if you are overwhelmed or in pain from your accident. Even when you are feeling better, insurance companies can still use manipulative tactics to get you to say things that can be used against you.

• Recorded statements rarely benefit car accident victims. Insurance providers use recorded statements to get claimants to say things that can later be twisted and used against them. For example, if you say you didn't incur any injuries from the crash but start to notice symptoms later on, they can use your words to deny benefits.
• Insurance adjusters are trained to ask questions designed to trip you up and get you to say things that will hurt your claim. They may ask vague or unclear questions, or ask about your medical history or medication usage. You are not required to answer these types of questions, but they won't tell you that.
• The insurance adjuster is not your friend. Their job is to protect the insurance company's bottom line, which means paying you as little as possible. They will use your recorded statement to determine fault and how much compensation should be paid.
• A written statement is a better option. It allows you to revise and ensure that your account of the accident is clear and accurate. With a recorded statement, you only get one shot, and it's easy to misspeak or provide incomplete information.
• An experienced attorney can help you get the compensation you deserve. They can guide you through the claims process, accurately tell your side of the story, and ensure that your rights are protected.

Don't admit fault, even partial fault, for the accident

After a DUI accident, it is important to remember that insurance adjusters are not on your side. They are trained to ask leading questions to frame the accident so that it appears to be your fault. Even if you think you may be partly at fault, do not discuss this with an adjuster. Avoid any language that could be construed as apologetic or blameful. Admitting any level of fault can eliminate or reduce the compensation that may be available.

• Insurance companies are not on your side: Insurance adjusters work for the insurance company, not for you. Their primary goal is to save their company money by denying or reducing claims. They will use whatever information you provide against you if possible.
• Admitting fault can reduce or eliminate your compensation: If you admit fault, even partial fault, it can significantly impact the compensation you receive. Insurance companies will try to shift the blame from their insured client to you, and admitting any fault will make it easier for them to do so.
• You may not have all the facts: In the aftermath of an accident, you may not have all the information about the other driver or the circumstances that led to the accident. There may be critical factors that contributed to the collision that you are unaware of, such as distracted or drunk driving by the other driver.
• The impact of emotional trauma: The accident can be psychologically devastating, and you may not be thinking clearly in the aftermath. This can lead to inaccurate statements or false apologies, even if you were not at fault. It's important to calm down and remove yourself from the situation before assigning blame.
• Changing your statement is difficult: Once you have admitted fault, it can be challenging to change your statement. Police reports and insurance companies rely on your initial statement to determine fault and how to proceed. Changing your statement can hurt your credibility and make it more difficult to prove your case.
• Negative impact on insurance claims: Admitting fault can prolong the insurance claims process and make it more complicated. Insurance companies use admissions of fault to determine responsibility and how to proceed with claims. Without an admission of fault, they may investigate more closely, and you may still be found at fault, resulting in a less favourable settlement or even denied coverage.
• Unnecessary litigation: Not admitting fault can lead the other party to take legal action to prove their case, resulting in prolonged litigation, increased stress, and mounting legal fees for all involved.

Remember that you are not legally required to admit fault, even if you are clearly responsible for the accident. It is in your best interest to remain calm, provide only basic information, and consult with an attorney before discussing the accident further with insurance adjusters or other parties.

Consult an attorney before accepting a settlement offer

If you've been in a DUI accident, you may be contacted by an insurance adjuster from the other party's insurance company. They will likely try to get you to accept a quick settlement offer before you understand the extent of your injuries and the value of your claim. It is important to consult an attorney before accepting any settlement offer. Here's why:

You Can Reject a Settlement Offer and Still Receive Compensation:

Insurance companies may imply that a settlement offer is a "now or never" deal, but this is not true. A settlement offer is the beginning of a negotiation process. Insurance companies want to settle quickly and for as little money as possible. However, quick settlements are usually unfair to accident victims as the value of most accident claims is much higher than the initial offer. You can make a counter-offer or reject the claim, and if you are represented by an attorney, the insurance company knows that you are willing to take the case to trial if necessary.

Settlement Agreements are Final and Binding:

Settlement agreements include a release of liability, meaning the insurance company is no longer responsible for any payments related to the accident. You cannot ask for more money in the future, even if your injuries turn out to be more serious than initially thought or if you didn't fully understand the value of your claim. This is why it's crucial to have an attorney review any settlement offer to ensure you are getting a fair deal.

Injuries May Be More Serious Than They First Appear:

The full extent of injuries from an accident may not be known right away. They may require more treatment than anticipated, wounds may not heal as expected, or complications may arise. Before accepting a settlement, it's important to understand how your injuries will impact your employment, mobility, overall health, and quality of life. It's recommended to wait until you have reached "maximum medical improvement" (MMI), which is when your doctor determines that your condition is not expected to improve further, and any remaining impairments are likely permanent.

The Total Cost of an Accident is More Than Just Out-of-Pocket Expenses:

Insurance settlement offers often only cover obvious out-of-pocket expenses such as repairs, lost wages, and immediate medical expenses. However, a fair settlement should also compensate for other losses such as alternate transportation, replacement services for household tasks, future medical treatment, expected future lost earnings, mental health treatment, emotional injuries, and loss of enjoyment in life activities. An experienced attorney can help you understand the full value of your claim and ensure you receive fair compensation.

Insurance Companies Are Not on Your Side:

Insurance adjusters may seem friendly and compassionate, but their goal is to protect their employer's interests and reduce their liability. They are trained to obtain information that could be used against you and pressure you into accepting a low settlement offer. An attorney can handle communications with the insurance company, protect your rights, and ensure you don't inadvertently say something that could hurt your claim.

You Have the Right to Fair Compensation:

Dealing with the aftermath of an accident can be overwhelming, and insurance companies may try to take advantage of this by offering a quick settlement. However, it's important to remember that you have the right to fair compensation for your injuries and losses. An attorney can help you navigate the complex legal process, negotiate with insurance companies, and ensure your rights are protected.

In conclusion, consulting an attorney before accepting a settlement offer after a DUI accident is crucial to protect your interests and ensure you receive fair and just compensation. An attorney can provide valuable guidance, explain your legal options, and help you make an informed decision.

Frequently asked questions