Your phone may begin to ring in the hours following a vehicle accident, or any other incident that causes you injury, and the caller may be an insurance adjuster or another representative of the other party involved in the accident. Let’s take a look at what you should say (and what you should avoid saying) to a representative of the other party during your initial post-accident phone contact, especially if you believe that party is to blame for the accident.
Remain Calm and Polite
Even if you are still angry about the accident and your injuries, venting your frustrations on the insurance adjuster will not help you obtain a reasonable personal injury settlement. You never know how or when an insurance adjuster’s good will will pay offin quickly processing your claim or believing your version of a difficult-to-prove issueso it’s always better to retain your calm and remain professional.
Identify the Person You Speak With
Get the name, address, and phone number of the person you’re speaking with, as well as the name of the insurance company he or she works for and the person or business the firm represents, before you start talking about anything (the “insured”).
Give Only Limited Personal Information
You simply need to provide your full name, address, and phone number to the insurance adjuster. You can also tell them what you do for a living and where you work. However, you do not need to explain or disclose anything else about your job, timetable, or money at this point.
Give No Details of the Accident
Insurance adjusters or other representatives may try to get you to “provide a statement” regarding the circumstances surrounding the accident. Alternatively, they may simply strike up a discussion with you in which they subtly try to get you to tell them about the accident. Refuse to reveal any details other than the most basic: where, when, the sort of accident, the vehicles involved if it was a traffic accident, and the identities of any witnesses. Declare that your accident investigation is still ongoing and that you will discuss the details “at the proper time.” You’ll almost certainly write a personal injury demand letter later, in which you’ll outline the accident.
Give No Details of Your Injuries
An insurance adjuster, understandably, will want to know the nature and degree of your injuries. Don’t go into too much detail just now. You might forget something, or you might uncover an injury later, or your injury might be worse than you imagined. If you need to communicate with the adjuster, simply state that you are “still treating” and leave it at that. Learn more about how the value of your personal injury case is affected by your medical treatment.
Take Notes
Write down all of the information you got over the phone, as well as any information you offered to (or requests you made of) the person with whom you spoke as quickly as possible.
Resist the Push to Settle Immediately
During the first one or two phone calls, insurance adjusters may propose a settlement. Quick settlements save the insurance company time and money. More importantly, they persuade you to accept a low-ball offer before you fully comprehend your injuries and the value of your personal injury claim. Don’t fall for the ruse. Collecting a settlement may appear to be a quick method to collect compensation without going through the claims process, and the money may be appealing, but it will almost likely cost you money, possibly a lot of money.
Set Limits on Conversations
Make it plain from the start that you will not be talking much on the phone with an insurance adjuster. You should not only disclose extremely little information in this first phone call, as stated above, but you should also set clear boundaries for any subsequent phone contact.
There are numerous reasons to keep your phone calls with insurance adjusters to a minimum. Some will phone you often in an attempt to get you to settle quickly, and they can be rather annoying. It’s better to deal with this now than than later.
More importantly, you will not be able to provide correct information until you have had a chance to fully investigate and think about the accident, as well as establish the degree of your injuries and other losses (legalese for “damages”). Furthermore, if you provide incomplete or erroneous information over the phone, the insurance company may attempt to compel you to follow it later.
Refuse to Give Recorded Statements
Many claims adjusters will pressure you to give a tape-recorded statement or ask if they can record your phone conversation in the hopes of protecting you afterwards. Do not consent to your communication being recorded. You are under no legal requirement to be recorded, and an adjuster who records you without your permission is breaking the law.
The reason you should decline is because most people become nervous when they realize they are being recorded, and they may forget vital details or describe things in a clumsy or incomplete manner. A verbal statement or conversation is rarely as detailed and thorough as the written communication you’ll provide the insurance company later. Furthermore, recordings are given considerably more weight than they deserve as proof of what occurred. It can be difficult to alter or expound on what you’ve stated in a recording later.
Refuse an adjuster’s request to record your statements politely but firmly. Tell him or her that you are not comfortable with recording and that you will submit your information in writing once it is complete.
What should you not say to your insurance after an accident?
Many people already know this, but it’s worth repeating: you should never accept fault. “It was my fault,” “I’m sorry,” and “I apologize” are all expressions to avoid. Don’t apologize to your insurance company, the other driver, or the police.
These words and phrases will be used against you even if you are only being nice and not knowingly admitting blame.
I think
Always stick to the facts while dealing with insurance providers. Make no statements that begin with “I believe” or “in my view.” If your insurer asks you a subject about which you are unsure, don’t respond with a guess or an opinion.
Any of your responses could be used to refute your assertion, so don’t say anything that isn’t true.
I’m fine
If you’re asked about your injuries, don’t declare you’re alright or that you haven’t had any until you’ve seen a doctor. Some injuries may not be obvious right once, and adrenaline may prevent you from experiencing them at all.
After an accident, arrange an appointment with a doctor and create a list of any injuries that are discovered. Also, don’t sign any medical releases until you’ve spoken with your lawyer.
Names
Give no names or contact information for others to your insurance carrier, including family members, friends, or your doctor. Insurance companies may attempt to contact these people in order to obtain additional information about the accident and your rehabilitation.
Recorded statements
Only the insurance company’s interests, not yours, are served by recorded statements. Inconsistencies and contradictory information are thoroughly reviewed in recorded statements. Keep in mind that you are not required to submit a recorded statement because information you supply may be taken out of context and used against you.
If your automobile accident lawyer tells you to, just give an official recorded statement.
Unnecessary details
Don’t give out information that hasn’t been requested. If you’re not asked how fast you were travelling, for example, there’s no need to say anything. Don’t say anything about your automobile being customized or that you’re using it for ride-sharing. Keep superfluous details to yourself because they could be used against you.
I don’t have an attorney
Insurers may try to take advantage of you if they know you don’t have a personal injury attorney. If you don’t have an attorney, don’t say anything about it and obtain legal advice as soon as possible.
This information may lead to insurance treating your claim with more care and respect if you have a car accident attorney.
I accept
Your insurance company may try to make you a rapid settlement, but these are nearly always lowball offers that they hope you’ll take out of desperation. Before accepting a settlement, contact a skilled automobile accident attorney who will be able to negotiate a fair settlement on your behalf.
I have whiplash
People attempting to file false claims frequently say, “I have whiplash.” As a result, whiplash is a huge red signal for insurance companies, prompting them to investigate your claim further. Do not claim to have whiplash unless a doctor has diagnosed it.
Should I talk to the insurance company after an accident?
In the event of a collision, it is always advisable to let your insurance company deal directly with the other insurance company involved. You are not obligated to speak with the other insurance company about the claim’s specifics. When it comes to personal injury lawsuits, this is extremely crucial. It’s possible for something to be misinterpreted or taken out of context, jeopardizing your claim. The other insurance company may call you and perhaps pressurize you to produce information so that the claim may be processed. Politely decline and recommend that they contact your insurance provider or attorney if they have any questions about the situation.
When the other driver’s insurance company calls and asks for your permission to record the conversation, you should be extremely suspicious. That implies they’ll turn on a recording device and record everything you say. In most cases, you won’t obtain a copy unless you specifically request one. Even so, you should seek legal advice before making any written records.
Your insurance carrier is in charge of gathering accident information and negotiating a fair payment. That’s what they’re licensed for, and it’s what they’re paid to do. There is only one circumstance in which you should contact the other insurance provider. When a “third party claim” is submitted, the other party is plainly at fault, and the claim is filed with that person’s insurance carrier. This is only done once they’ve admitted fault or it’s been established. Otherwise, speaking with the insurance company of the other party involved in the collision is not recommended. Even then, it’s usually best to hire an attorney to handle it for you. Keep in mind that they deal with insurance claims on a daily basis. They will have more information and knowledge than you. It’s best to have someone you can trust who has at least as much expertise as you do, if not more. Any inquiries about pending insurance claims should be directed to your attorney or insurance agent, according to BKW Law. We can advise you on the best line of action for your claim.
Should I contact my insurance company if I am not at fault?
Yes. Regardless of who is at responsibility, each accident involving injuries or property damage should be reported to your insurance company.
It’s a frequent misconception that if you weren’t at fault, you don’t need to call your insurance carrier. This is untrue because your insurance policy contains different coverages that you may choose to employ. So, if you’re wondering what to do after a car accident that wasn’t your fault, keep in mind that you must tell your insurance provider in order to use any of these coverages.
Should I tell my insurance company about a minor accident?
It might be frightening to be involved in an accident. Fortunately, your car insurance can assist you in meeting your financial obligations. You might question, “Should I call my insurance company after a small accident?” if the accident did not result in substantial damage or injuries.
The quick answer is yes – it’s always a good idea to notify your insurance company after being in a car accident. Depending on the circumstances, you may choose to pay for the repairs out of pocket.
Should I accept the first offer from an insurance company?
You should never accept the initial offer from the insurance adjustor unless you have contrary advice from your attorney that is relevant to your situation. The settlement determination is a negotiation, and no matter what the adjuster tells you, the adjuster will not come in at the greatest offer he or she is ready to make. Have a minimal figure in mind that you’re willing to take, and don’t settle for anything below.
How do you respond to a low settlement offer?
How to React to a Low-Budget Settlement Offer
- Keep your cool and consider your offer. It’s never a good idea to react emotionally after receiving a poor offer, just like it’s never a good idea in any other situation.
How much should I ask for insurance settlement?
Putting together and mailing a demand letter to the opposing party is an important step in resolving a personal injury case. A demand letter will usually end with a statement of the financial amount you’ll accept to settle your injury claim and free the other party from any liability. But where did this number originate? In this post, we’ll show you how to calculate the appropriate settlement demand for your case. (Learn more about the personal injury compensation demand letter for the fundamentals of this type of writing.)
Coming Up With a Dollar Amount
Review how the personal injury damages formula works to arrive at a final amount for your demand. Then, based on a number of crucial considerations, fill in the values for your medical treatment and lost income, and choose a higher or lower range of the calculation, whichever is more realistic:
- blame for the accident that resulted in the claim (How obvious is the liability of the opposing party? Is yours a case of contributory negligence?)
- existence of witnesses, and what those witnesses will say if called to testify in court or at a deposition
- if your personal injury lawsuit goes to trial, the possibility of juror sympathy for you (or the other side), and
- your ability to remain patient during the personal injury settlement procedure
Start With a Higher Figure…
A claimant’s demand letter generally starts the bargaining process with a request for compensation that is significantly higher than the final sum he or she is willing to accept. The letter is just the start of a settlement negotiation procedure that resembles swap meet bargaining. You begin too high, the insurance adjuster’s initial offer is too low, and you both bluff and counteroffer until you reach an agreement on a price in the middle. How much bluffing and counter-offering you do relies on your personality and that of the insurance adjuster you’re dealing with, as well as the number of variables in your claim, such as ambiguous culpability or doubts about the long-term effects of your injuries.
But Not Too High
Do not make a ridiculously high initial settlement demand, since the adjuster will most likely see right through it. When the insurance adjuster responds to your demand letter, he or she will almost certainly give you an absurdly low figure, and you’ll be back to square one. Your demand letter should include a figure that is higher than you believe your claim is worth, but is still believable. A good rule of thumb is to aim for 75 percent to 100 percent more than you would be pleased with. Make your first demand for $3,000 or $4,000 if you believe your claim is worth between $1,500 and $2,000, for example. Make your initial demand for $8,000 or $10,000 if you believe your claim is worth $4,000 to $5,000.
An insurance adjuster has no idea how much you know about the value of your claim. Making a reasonable (but not excessive) first demand signals that you are aware that your claim should not be settled for a modest sum. It also allows the adjuster to move you downward while staying within a reasonable settlement range.
Where to Include the Demand Amount
Demand a particular amount of money as total recompense for your pain and suffering, lost income, and other losses in the concluding paragraph of your letter (all of which are considered your “damages”). Before announcing the amount, quickly restate the most important points of your case and any unique factssuch as the insured’s extremely unsafe behavior, great pain, extensive treatment, a long period of recuperation, and permanent injurythat add to the case’s value. (Know how important it is to specify your damages in a demand letter.)
What happens once you’ve made a reasonable initial demand and sent the letter? Find out what happens after you write a demand letter for a personal injury settlement.
What happens with insurance if a crash is not your fault?
If you have the correct coverages, you can make a claim with your insurance carrier for payment of damages and injuries even if you are not at fault.
Make a claim with your own insurance company if you have collision coverage. It will cover the cost of repairs or replacement of your vehicle if it is totaled. You’ll have to pay your collision deductible toward repairs if you go this route. If your insurer is able to reach an agreement with the other driver’s insurance company, you may be able to recover that money back.
You can file a claim for your vehicle’s damage if the other driver is uninsured and you have uninsured motorist coverage property damage (UMPD). In most cases, there is no deductible for UMPD claims.
What do I do after a car accident which is not your fault?
Whether the accident was a tiny fender bender or a major collision, you should always call the cops. If the accident was not your fault, an official police record will assist you in holding the other motorist liable for damages and repair costs. Even if the other motorist refuses to engage the police or insurance companies, don’t try to work out a settlement with the other driver on your own.