After a car accident, it is typical to receive a call from the other driver's insurance company. However, it is important to remember that you are under no legal obligation to speak to them and that they are not on your side. Their primary goal is to pay out as little money as possible, and they will try to trick you into providing evidence that the accident was your fault or that your injuries are not serious. To protect yourself, it is recommended that you politely decline to answer their questions and ask them to contact your lawyer or insurance adjuster instead.
Characteristics | Values |
---|---|
How to respond to auto insurance calls | Be polite and stay calm |
Get the name of the company, the person's name and title | |
Give them your name, address, and phone number | |
Do not volunteer any information about the accident, your injuries, your insurance company, or your insurance claims | |
Take notes during the conversation | |
Let the other driver's insurance adjuster know that they should not contact you, but you will contact them | |
You are not legally obliged to speak to an adjuster from another insurance company | |
Do not let them record you or give a written statement | |
Never admit fault or say you are not hurt | |
Only answer the question asked | |
Never agree to a settlement over the phone or sign anything |
What You'll Learn
You are not legally obliged to speak to an adjuster from another insurance company
If you have been in a car accident, you may receive a call from an insurance company, but it is not your insurance company. It is the company insuring the other person who was in the accident. 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 with an adjuster from another insurance company, remember that they are not your friend. Their goal is to pay out as little money as possible. They will try to trick you into providing evidence that the accident was your fault or that your injuries are minor or non-existent. They will also try to get you to agree to a settlement quickly, before you know the extent of your injuries or the damage to your vehicle.
- Be polite and stay calm.
- Get the name of the company and the person's name and title. Write down this information.
- Give them limited personal information. Only provide 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.
- Let them know that they should not contact you, but you will contact them if needed.
- Do not let them record you or give a written statement.
- Never admit fault or say you are not hurt.
- Only answer the question asked and do not engage in a friendly chat.
- Do not agree to a settlement over the phone or sign anything.
Remember that you have the right to decline to speak with an adjuster from another insurance company, ask them to call your insurance adjuster, or tell them you will only speak in the presence of your lawyer.
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The other insurance company is not your friend
If you've been in a car accident, the last thing you want is to be hassled by insurance companies. Unfortunately, this is often what happens. You will likely receive a call from the other driver's insurance company, and it's important to remember that they are not your friend.
The other insurance company has two main goals: to deny as many car accident claims as possible, and if they can't deny the claim, to negotiate the lowest possible settlement. They are not looking out for your best interests and do not care how badly you are injured. They will try to trick you into providing evidence that the accident was your fault or that your injuries are minor or non-existent. This is why you should never speak to the other insurance company without your lawyer present.
Insurance adjusters are trained to ask questions that seem friendly but are designed to confuse and discredit you and dismantle your case. They will ask about your health, your job, and your insurance claims. They may even ask to speak to your spouse or another member of your household. You are not legally obliged to speak to them and can decline to talk or ask them to contact your lawyer or insurance adjuster.
If you do speak to the other insurance company, be polite and stay calm. Get the name of the company and the name and title of the person you're speaking to. Give them only your basic contact information and take notes during the conversation. Do not volunteer any information about the accident, your injuries, or your insurance. End the conversation by letting them know that you would prefer limited telephone contact in the future and that you do not want to settle over the phone.
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Anything you say can and will be used against you
When you get into a car accident, the last thing you want is to be hounded by insurance companies. However, this is often the reality for many people, as insurance adjusters will try to take advantage of you in your vulnerable state. In most states, you are only legally required to speak with a representative of your own insurance company. You are not legally obliged to speak to an adjuster from another insurance company, so you can decline to talk to them. If you do choose to speak with them, remember that anything you say can and will be used against you.
Insurance adjusters will often try to get you to provide evidence that the accident was your fault, even if it wasn't. They may ask you questions that seem unrelated to the incident, but they are trying to draw you out and get you to answer in a way that they can use against you. They may also try to trick you into agreeing with something you know is not true. It's important to be honest, but keep your answers simple and straightforward.
Another tactic insurance adjusters use is to try and get you to agree to a recorded statement. They may say something like, "This will go much faster if you can give us a recorded statement." Do not fall for this! A recorded statement can be used to undermine your accident claim. The adjuster will look for any inconsistencies between your recorded statement and the statement you gave to the police at the scene of the accident or any other statements you have made. If you contradict yourself in any way, they will use that against you.
If you can, it's best to have a lawyer present when speaking with an insurance adjuster. They can help protect your rights and make sure you don't say anything that could damage your claim. Remember, the insurance company is not your friend. Their goal is to pay you as little money as possible, and they will use any information you give them to achieve that goal.
To prevent a situation where the other driver's insurance company keeps calling, end the conversation correctly. Let the other driver's insurance adjuster know that they should not contact you, but you will contact them. Give them your name, address, and phone number if necessary, but do not volunteer any other information about the accident, your injuries, or your insurance. Take notes during the conversation on the topics you discuss.
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Do not let them record you or give a written statement
When an insurance adjuster reaches out to you, it is perfectly fine to accept the call and be polite. However, you are not obligated to provide any information beyond basic contact details. You can simply say, "Thank you for your call, but I am not able to talk right now. How about you tell me your name and contact information, and I can reach out in a few days?"
It is important to remember that insurance adjusters are not your friends and are not looking out for your best interests. Their goal is to pay out as little compensation as possible and find reasons to deny your claims. They may ask for your permission to record the conversation, but you should never agree to this. A recorded statement can be used as evidence against you and damage your case.
Instead of providing a recorded statement, you can politely decline and inform them that you will review their request with your lawyer. You are under no obligation to provide a recorded statement or give them access to your medical records. Signing a blanket release form gives the insurance company access to all your medical information, including unrelated records that could potentially be used to undermine your claim.
If you have suffered a motor vehicle accident, it is recommended to speak with a lawyer first before providing any medical records or statements to the insurance company. A lawyer can help you navigate the situation, protect your rights, and ensure that you provide only the necessary information while keeping the rest of your health information private.
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Never admit fault or say you are not hurt
When you are in a car accident, it is important to never admit fault or state that you are unhurt. Admitting fault can cause you to lose your right to claim compensation from the other driver for any losses you suffered in the accident. Even if you believe you may be at fault, avoid admitting this to the other driver, the police, or the insurance companies.
You are not required to admit fault at the scene of the accident. You may be emotionally traumatized and not thinking clearly in the aftermath of an accident. This can cause you to make inaccurate statements or apologize for the collision when you were not at fault. It is best to keep your answers simple and avoid offering your opinion. You may not have all the facts about the other driver or the circumstances that led to the accident, and changing your statement later can be difficult and hurt your credibility.
Instead, you have the right to discuss the accident with your attorney, who can advise you on your legal options and help you file a personal injury claim or lawsuit if you were injured. An attorney can also correspond with all parties on your behalf, including law enforcement, eyewitnesses, the other driver, and the insurance company. This helps you avoid making statements that could be used against you.
Additionally, avoid speaking with the insurance company without a lawyer present. Insurance adjusters may ask for your permission to record you, but you should never agree to this as it can damage your case and provide physical evidence against you. They may also ask how you are feeling or who your doctor is, but you are not obligated to provide any personal health information.
Remember, insurance companies have a financial interest in protecting their client and will try to deny or negotiate as little payout as possible on car accident claims. By seeking legal representation, you can protect your rights and improve your chances of receiving fair compensation.
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Frequently asked questions
You are not legally obligated to speak to an adjuster from another insurance company. 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.
Be polite and stay calm. Get the name of the company as well as the person's name and title. Give them the bare minimum of information, only 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 on the topics you discuss.
Do not volunteer any of your personal health information, especially the state of your mental and physical conditions caused by the accident. They are likely fishing for you to offer up details they do not have yet to build a case against you.