After a car accident, you should do several things to start the claims process. You may receive compensation for your medical expenses, pain and suffering, and lost income. You should use care when speaking to insurance companies after the accident to avoid saying something that affects your claim. Keep reading to learn what not to say to insurance companies after a car accident. Then, speak to a car accident attorney in your community today in a free legal consultation. An experienced car accident attorney will help you avoid any mistakes when talking to the insurance company.
Never Accept Blame For The Accident
Many people naturally want to accept blame when something bad happens, such as a car accident. They also may think that accepting fault for a car accident will put them in a positive light for the insurance company. This isn’t true.
Insurance companies are in business to profit and want to pay as little as possible. The adjuster on your case will search for ways to reduce what the insurance company pays. If you accept any part of the blame, you will probably get less money, and the claim may even be rejected.
You shouldn’t lie to the insurance company after the crash. However, you aren’t required to talk about who caused the accident. It’s best to say nothing about fault and leave that important matter to a car accident attorney.
Don’t Give Opinions
It’s natural to talk about how the car accident happened, and the insurance adjuster wants to hear your side. However, you should stick to the facts and never offer opinions. The more you say to the insurance company, the more information they have to question your claim. You may notice that the adjuster will let you talk as much as you want in a phone conversation. They know the more you talk, the more likely you will say something to damage the claim.
Any opinion about what caused the accident is just that – an opinion. The insurance adjuster will just use that information against you if they can. The insurance company will conduct an independent investigation to determine how the crash happened, so your opinion is immaterial.
Only share factual information from the accident that you can back with evidence, and your attorney should review anything you say. If you don’t know an answer to the adjuster’s question, simply say you don’t know.
Don’t Talk About Drugs Or Alcohol Use
If you suffered an injury by another party in a car accident, don’t disclose that you consumed drugs or alcohol. After the auto accident, the insurance company may try to blame you for the crash. Driving under the influence is against the law, so if you had anything to drink before the accident, the insurance company can question the claim. Even if the other person caused the accident, the insurance adjuster can argue you were partially at fault because of drug or alcohol use.
Don’t Talk About Injuries
It is never helpful to talk to an insurance adjuster about your injuries or not being injured. You may be tempted to say, “I’m fine,” after the crash, but this statement can be used to deny a subsequent claim.
You should have a doctor look you over as soon as possible after the crash. Some injuries may not be obvious in the first few minutes or hours. Brain and internal injuries, for example, are notorious for not presenting right away.
You have to know the full degree of your injuries before you give information to any insurance company. The insurance company will provide the required medical information to prove your car accident injuries when appropriate. Talking about your injuries too soon can negatively affect your claim.
Don’t Give Too Many Details
Only answer the questions that the insurance adjuster asks. Don’t offer additional information. Anything you say can be used to reduce or deny your claim, so it is best to keep the conversations brief.
The insurance adjuster doesn’t need to know every tiny detail of what’s happening to you after the accident. Don’t talk about anything regarding your job, family, previous accidents, preexisting conditions, or anything unrelated to the claim.
You also shouldn’t volunteer information that wasn’t asked of you. For example, don’t share what your speed was if you aren’t asked.
Don’t Let Them Record Your Statement
The other driver’s insurance company may call and ask to record your statement about the accident. First, it’s best not to talk to the other party’s insurance company. You should hire a car accident lawyer to negotiate and communicate with their insurance provider.
However, if you speak to their insurance adjuster and they want to record a statement, politely decline. They must ask to record you, so expect that immediately if they call you.
Your car accident lawyer may recommend that you give a statement later, but your lawyer can assist you and be on the call. That way, you’ll know what to say and the topics to avoid.
Don’t Offer Names
You should not give any insurance company the names and contact information of other people. This includes friends, your doctor, family members, or accident witnesses. Give relevant contact details to your personal injury attorney. They will inform the insurance company of what it needs to know.
Don’t Take The Initial Settlement Offer
Most insurance companies after a car accident don’t want the case to drag on for too long. The longer your case takes to settle, the more it costs. If the auto insurance company knows its client caused the accident, it knows it will have to pay something. But they want that to be as little as possible.
The insurance company may offer a low initial settlement to see if you will take it. Many car accident victims don’t know what their claim is worth or what their prognosis is. The insurance company hopes you will be happy with a small amount of money for your injuries. The insurance adjuster knows that many auto accident victims struggle to pay bills after an accident and may need money. A person in a difficult financial situation may jump at any amount.
Always decline the initial settlement offer and have any offer reviewed by your lawyer. The opening offer is just a starting point for settlement negotiations.
Don’t Say You Have Whiplash
Whiplash is a legitimate accident injury, but it is often used by people who want to commit insurance fraud. It’s better not to discuss your specific injuries with the insurance company. Refer the adjuster to your doctor and attorney.
Don’t Offer Your Whole Medical History
Insurance companies frequently downplay injuries to reduce the payout. Insurance adjusters may look for a preexisting injury as an excuse to lower what they pay for your injuries.
The insurance company probably needs your medical records, but only information directly related to your auto accident injuries. Ensure you only permit them to review the portion of your medical record related to the car accident.
For example, if you injured your back in the crash and have a preexisting back injury, this information shouldn’t be shared with the insurance company. Allow your lawyer to review the claim and give the necessary medical information.
Don’t Say That You Don’t Have An Attorney
Car insurance companies are less likely to underpay on a claim if they know you have an attorney. You shouldn’t say you didn’t hire an auto accident attorney yet. Attorneys skilled in personal injury law know how to deal with insurance companies, and you should say that you will have your lawyer call the adjuster back.
Other Mistakes People Make After A Car Accident
Keep the above information at the top of your mind so you don’t say the wrong thing to any auto insurance company after the accident. Also, remember not to make the following mistakes, as well:
Not Calling The Police
It doesn’t matter how minor you think the car accident is. Nor does it matter if the other driver says it was their fault. You should always report any car accident to the police. If the police don’t come to the scene, it’s your word vs the other drivers. This isn’t a good position for you. The other driver can change their mind, blame you, and say you fled the accident scene. You probably don’t know the other person, so you don’t know what they might say or do.
Have the police come and note the accident in their report. This proves there was an accident and that you stayed at the scene. The report may also state who can be to blame for the accident.
Not Getting Medical Attention
Many people want to say ‘they’re fine’ after a crash and avoid going to the doctor. This can be a devastating mistake. Always see a doctor after any auto accident, even if you’re sure you’re unhurt.
Many serious injuries are hard to notice initially. For example, a brain bleed from hitting your head in an accident may be unnoticeable at first. Maybe you decide to avoid going to the doctor. But a few days later, you can have blinding headaches and suffer serious brain injuries. You may also have more difficulty filing a claim because you waited for medical attention.
The other driver’s auto insurance adjuster will check how quickly you received medical attention after the crash. If you wait, they will ask questions.
Not Calling Your Auto Insurance Company
You should use care when speaking to any auto insurance company after an accident. However, you must inform your auto insurance company of any auto accident on a covered vehicle. The standard is usually within 30 days, but the sooner, the better.
You aren’t required to speak to the other party’s insurance company. You generally shouldn’t. Instead, if the adjuster calls you, tell them you will have your auto accident lawyer talk to them.
Not Hiring A Car Accident Lawyer
Everyone knows that lawyers can be expensive, so an injury victim may be tempted to avoid retaining counsel. This is a bad idea after a car accident. Car accident injuries and related damages can skyrocket quickly. You can have tens of thousands of dollars of bills and other losses in only a few days after a serious crash injury. You should have a car accident lawyer negotiate the best settlement for you, assuming another party caused the accident.
A car accident attorney can prove liability and accurately estimate your medical bills, future care needs, lost earnings, and more. You will likely get far less money than you could if you attempt to negotiate a settlement with the insurance company on your own.
Not Getting Crash Scene Evidence
It’s understandable to be shocked and out of sorts after a serious car accident. However, recording crash scene evidence can be critical to a successful claim.
You should take photos and video of the accident scene, vehicle positions, vehicle damages, tire marks, and anything else you think shows how the crash happened. Too injured to gather evidence? Ask someone to do it for you.
Your attorney will investigate the accident, but you can obtain key evidence after the crash before the affected vehicles are towed.
Many people are entitled to damages after car accidents caused by other parties. However, it’s important to do the right things and avoid the wrong things after the crash to maximize your settlement. Always have a car accident lawyer review your case promptly to ensure your rights are respected.
Speak To A Personal Injury Attorney Today
Many injury victims handle their own claims after a car accident. This is a bad idea. You can say something to the insurance company that harms your claim, or it may offer less money than you deserve. A personal injury lawyer may obtain fair compensation for your medical bills and lost income. The best part is you don’t pay out-of-pocket for your attorney’s services. They are paid from your settlement, so there is no direct cost to you.
