In most cases, victims of car accidents should avoid speaking with the other driver's insurance company without their attorney. If you have already been injured in a car accident that was not your fault and the other driver's insurance company has contacted you, it is essential to have a strategy for what you will and will not say to the insurance adjuster. Legally, you are not required to discuss the case with the other driver's insurance adjuster. However, you are almost certainly required to notify your insurance provider that you have been in an accident according to the terms of your policy.
Whether you should speak to the other driver's insurance company depends on the specific circumstances of your case. For example, if the other driver is lying or refuses to speak to their own insurance company, clearing up the confusion could be necessary. When the other driver refuses to communicate with their own company, it can prolong your case because the insurer likely has no idea about the extent of the damages you have endured. This is especially true if your accident was minor.
A simple, minimal conversation with the driver's insurance company will serve your best interest. If there is any question about who is responsible for the accident, refrain from talking to the insurance company. It is always best to avoid talking to the other driver's insurance company and hire an attorney to handle all communication on your behalf.
The Insurance Adjuster is Not Serving Your Best InterestsIt is always important to remember that insurance adjusters are not trying to help you recover compensation after you have been injured in a car accident. They work for a for-profit company, and they will try to help their company avoid paying compensation. Your attorney is the only person with your best interest in mind. The insurance company will be seeking ways to disprove your compensation claim.
If they can find a way to dismiss your case, they will. They will always try to collect information to prove you should not receive compensation. They may try to claim that you were negligent yourself or that your injuries pre-exist in the car accident, and you should not receive compensation from them. For this reason, it is crucial that you never tell the other driver's insurance adjuster that you are feeling fine and your car is not that badly damaged.
Do Not ElaborateAnything you say to the insurance adjuster can be used to deny your compensation claim. Car accidents are extremely stressful, and it is common for people to say things they do not mean to say unintentionally. The insurance adjuster may ask you leading questions that pressure you to admit fault when the accident was not your fault. Mispeaking during a recorded statement could result in the insurance company denying your claim. When you speak to an insurance adjuster, do not elaborate. Responding with a simple yes or no answer is the best option. If there is a question you do not know the answer to, say you do not know.
No RecordingSay no if the at-fault driver’s insurance adjuster asks to record the conversation. It is a conversation that is recorded. The adjuster will use your words to deny your claim whenever possible. If you recall things differently or misspeak, your recorded statement could be used to show that you are not a reliable witness. The best option is for you to work with your attorney to provide a written statement that accurately reflects what happened. Do not speculate about anything regarding the accident.
If you know something for sure, speak the truth. If you do not know something, do not feel pressured to speculate. If the insurance adjuster wants to discuss more than the most basic details of the case, you should tell the insurance adjuster that you will wait until your attorney is with you.
Discuss Your Car Accident Case With an Experienced AttorneyIt is important that you avoid speaking to the other driver's insurance adjuster until you have met with an attorney. Doing so will help you protect your claim by limiting the statements the insurance company can use against you to deny your claim. An attorney can help you understand how much your claim is worth and negotiate for a fair settlement offer. Before you speak to the at-fault party’s insurance company or sign a settlement agreement, contact the Charlotte car accident attorneys at Arnold & Smith, PLLC, to schedule a free case evaluation.