The first call with insurance after an accident should be with your own insurer. Notifying your own car insurance carrier of a crash is one of your first priorities after receiving the medical care you need and ensuring any other family members involved are okay.
While you need to be careful when speaking with your own insurer as well, you may want to consider hiring a car accident attorney before you talk to the at-fault driver’s insurance representative. Adjusters may use many tactics to reduce how much their company has to pay out in a claim. Therefore, it pays to be diligent about protecting your rights during conversations with them.
What Should I Say to My Insurance Company After a Crash?
An insurance policy is a contract. As such, you may have an obligation to report the accident to your carrier as soon as possible. When you do so, it is imperative not to admit fault or contribution to the crash in any way. Refuse an “official” or “recorded” statement. Stick to the facts.
Just because the insurer represents you does not mean the company will always be on your side. If you do not know an answer, tell the adjuster you do not know at this time. It is okay not to know how things will turn out this early. For example, do not say you are not hurt, even if you believe your injuries are minor. Things could change, and you may require medical care or miss work as your injuries become apparent.
After Calling Your Insurance Company
After reporting your collision, your insurer may contact the other insurance carrier for you. As far as protecting your rights, this may be a better option than reaching out yourself. However, you can still choose to hire an attorney to take over later.
However, there are some caveats to this. If your insurer asks you to sign anything, review it carefully. For example, the insurer could have a release that would allow them to obtain all of your medical records or take other steps that could harm your case. This may be a good time to contact a lawyer.
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How to Protect Your Rights When Dealing with an Insurance Company
You must keep your emotions about the accident in check any time you deal with an insurance company. Give them only hard facts. If you are not certain about the facts, saying “I do not know” is the best option. Never offer an opinion or a guess.
For example, the adjuster may ask you questions about what you were doing immediately before the crash. They might ask about your speed, the other driver’s speed, or the distance between your vehicles. It is unlikely you know any of these answers for sure. Simply say you do not know and move on to the next question.
What do I Do When the At-Fault Party’s Insurer Contacts Me?
First, remain calm. The other driver’s insurance company often calls in the days following a collision. You have two options when this occurs:
- Tell them your attorney will speak with them soon. Even if you have not yet hired one, this is okay, as that can be your next step.
- Speak with them, but refuse a recorded conversation and protect your rights.
- Speak with them, but refuse a recorded conversation and protect your rights.
What to Say If You Decide to Speak with the Insurer
Unlike with your own insurer, you have no contractual obligation to give any information to the other driver’s insurance carrier. You should only give them basic information, such as:
- Your name
- Address
- Telephone number
- That you work and where you work
Do not offer any additional details or answer any follow-up questions—avoid discussing the accident or your injuries at all. You can instead tell them that your lawyer or insurance company will contact them. If they press you, it is okay to offer the most basic of information they already have, including:
- When and where the crash occurred
- The vehicles involved
- The name of your insurance company
This is vital because giving them any additional information will not necessarily help your case. They will only try to determine if there is some way to use it against your settlement or court case later.
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How a Car Accident Attorney Can Help with Your Claim
To protect your rights following a collision, you can hire a car accident attorney on our team to handle your claim. Our personal injury law firm represents clients with no upfront fees, so you only pay us from the compensation we recover for you.
In most cases, crash claims settle out of court. However, a lawsuit might be necessary if there is little time left before the statute of limitations runs out or if the insurer refuses a fair settlement. Deadlines in these cases vary by state. For example, Louisiana gives you one year to sue under La. Civ. Code Art. 3492, while Mississippi offers up to three per Miss. Code Ann. § 15-1-49.
Morris Bart, LLC Provides Complimentary Car Accident Case Reviews
You can speak with a team member from the Morris Bart law office near you today for free. Our team has 15 locations across the Gulf South that provide free consultations for crash victims. We serve Alabama, Arkansas, Louisiana, and Mississippi.
Call (800) 537-8185 to get started today.
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