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 means they’ll turn on a recording device and record everything you say. In most cases, you won’t get a copy unless you specifically request one. Even so, you should seek legal advice before making any written records.
Your insurance company is in charge of gathering accident information and negotiating a fair settlement. 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 talk to the other guys insurance company?
You were driving when someone collided with you, and now you’re the victim of an accident. You weren’t anticipating it, and it wasn’t part of your day’s plan. You’re outraged and confused, and you don’t know what to do now that you’ve been injured and/or your vehicle has been damaged due to someone else’s irresponsibility. You’ve phoned the cops, they’ve arrived and filed an accident report, and you now have the other driver’s insurance information at your fingers. What are your options now? Many accident victims get perplexed at this point. If the accident was caused by someone else, do you contact your own insurance company or do you contact theirs? Handle you wait for them to contact their own insurance provider or do it yourself? What is proper protocol, and how do you deal with what is about to occur?
A: There is no correct or incorrect response to this question. Do you contact their insurer or your own? Do you prefer to wait or complete the task yourself? You are free to do whatever you want, but there are a few things to think about before picking up the phone and dialing. The first is how you intend to approach this particular issue. The best course of action is to contact your insurance provider first. They can provide you advice on how to deal with a scenario like this. Your own insurance company may be able to handle the claim for you and then pursue payment from the other insurer.
Assume the other motorist has insurance, but it is inadequate. Their car is quite ancient, and they only have the bare minimum of insurance coverage. While you wait for your own automobile to be fixed, their insurance company may refuse to hire you a car. Your insurance company will swiftly locate a rental automobile for you, cover the expense, and manage the problem entirely on your behalf. They’ll then file a claim with the other insurance company and ask for compensation.
You can contact the other driver’s insurance company, but don’t try to bargain with them. Instead, you should simply file a claim with them, supplying the car accident report as well as the information provided by the police. This is to notify them that an accident has occurred. Some drivers refuse to do so because they do not want to be held accountable for the accident. They hope you’ll forget about their insurance and focus on your own. You want to inform them, but you don’t want to discuss finances with them at this time. You’re simply stating the facts to them.
This is known as a claim notification. You can accomplish this without difficulty, but you don’t want to talk to the insurance company about the claim any longer. It is not your responsibility to speak with them about anything other than the claim. It’s still a good idea to call your own insurance carrier and inquire about your options in this circumstance. They will be able to advise you on the specifics.
A: While it is not always required to contact an attorney after an accident, it is beneficial if you have been hurt and will be seeking damages as a result of the event. Damages can range from lost wages to medical bills and other expenses. The role of an attorney is to assist you in navigating the aftermath of an accident. They’ll help you figure out what to do next, how to deal with the circumstance, and what to say and do. They’ll always tell you not to say anything at the scene of the accident other than short answers to police queries.
Clients are also advised not to discuss financial information or settlement negotiations with the at-fault driver’s insurance company, according to attorneys. Following an accident, insurance agents work to present you with the best possible offer. You are always more valuable than they are willing to pay for you. Furthermore, you may not be aware of the extent to which your health has been harmed as a result of the accident. If your injuries are severe, you may need extra time to see how well, if at all, you can recover. You may have long-term medical concerns that necessitate the use of doctors, specialized equipment, and other resources.
Should you give a statement to the other insurance company?
There are several measures to take and requirements to follow after an automobile accident. It can be overwhelming if you have never gone through the process before, and you may not understand exactly what is expected of you.
The insurance company for the other motorist will contact you, but what if they request a recorded statement? It’s possible they’ll tell you it’s required in order to process your claim. That isn’t correct. You are under no duty to provide a statement to the other driver’s insurance company. You should consult with an attorney before making a recorded statement regarding an automobile accident.
Call Zinda Law Group at (800) 863-5312 for a free consultation with a skilled car accident attorney if you or a loved one has been injured in an auto accident.
Your Statement Can Be Used Against You
Any statements you make to the other person or their insurance company can be used against you in the claims process or, if necessary, at trial. Insurance companies are seeking for new ways to deny claims, and your recorded statement can help them do so.
Insurance companies will look for discrepancies between your recorded testimony and previous statements you made to cops or in a deposition. These businesses will also ask you questions in order to deceive you into giving answers that would undermine your claim.
The insurance adjusters will appear to be assisting you while, in reality, they are attempting to get you to say what they need to hear in order to deny your claim.
How Should I Respond to Their Request?
When they ask whether they can record your statement, they will most likely be kind and courteous, so politely decline. Hold your position and refuse to give a recorded statement if they try to persuade you otherwise.
Even if you say no, they will try to persuade you that it is the appropriate thing to do in order to expedite your claim. Refrain from giving in and stick to the essentials: your name, address, phone number, and occupation.
Inform the insurance adjuster that you will provide a written statement later. Unless you’ve spoken with an experienced vehicle accident attorney, try not to divulge too many facts regarding the collision.
What If My Insurance Company Asks for a Recorded Statement?
Your policy may require you to comply if your insurance company requests a recorded statement.
It is appropriate to ask the insurance adjuster to bring out the text in the contract you signed that requires this before making the statement.
Get Help from Experienced Auto Accident Lawyers
Our car accident lawyers at Zinda Law Group have helped thousands of automobile accident victims collect compensation for damages like as medical costs, property damage, lost wages, pain and suffering, and more.
We will fight tooth and nail to safeguard your legal rights, and as a client, you will not be charged anything unless we reach a positive settlement, judgment, or verdict.
For a free consultation with one of our experienced car accident lawyers, call Zinda Law Group at (800) 863-5312.
Should you contact your insurance company if you are not at fault?
Yes. Regardless of who is at fault, any 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 notify your insurance company in order to use any of these coverages.
What should you not say to an insurance company?
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 recovery.
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.
What happens if insurance company Cannot contact other driver?
Unfortunately, you won’t be able to persuade the other motorist to cooperate. In any particular case, the other motorist is not compelled by law to cooperate. If they refuse to participate, their insurance may refuse to cover them, but that is of little help to you.
When your insurance company is unable to contact the at-fault party, you may be left with some unpalatable options.
If You Know the Other Insurance Company
Pass on the information to your insurance provider if you know the other driver’s insurance company. When your insurance provider is unable to contact the at-fault party, they may be able to contact the other firm directly.
You should never contact another insurance company on your own. This is a dangerous move, so leave it to your insurance company or lawyer to handle this element of your claim.
Get a Declarations Page
Get a “declarations page” from your insurance carrier to see the extent of your coverage if you don’t know the other person’s insurance company and have no method of contacting the at-fault driver.
At the very least, your coverage may be sufficient to repair all of your damages and cover any medical expenses.
Get a Copy of the Police Report
There will be a report on file if the automobiles were totaled and you or the other motorist notified the police. It’s always a good idea to have a copy for yourself, but if you get a copy of the police report, you might be able to find the name of the at-fault driver’s insurance company if you weren’t sure before.
Because not all accident reports include contact information, it’s best to look up the insurance company’s name as soon as possible after the accident.
If All Else Fails
If everything else fails, seek the help of a car accident lawyer. If your insurance coverage is insufficient, or you are unable to reach the other driver or their insurance company, you might consider hiring an attorney to represent you.
Why is the other insurance company calling me?
Insurance companies may approach you after an accident for a variety of reasons, one of which is to acquire information to use against you. Insurance adjusters may be able to use the following strategies against you to acquire access to your information: Getting you to accept that you were at blame in the accident.
What should you not say to an insurance adjuster?
Never apologize or admit any form of wrongdoing. Remember that a claims adjuster is searching for ways to decrease an insurance company’s liability, and any acknowledgment of fault might jeopardize a claim.
Do not declare you are OK or better than you were. This is especially crucial to remember when responding to the customary first question, “How are you?” Make no reference to your current state of health.
Do not make assumptions about any injuries you believe you may have experienced. Your comment could cause complications if your true diagnosis is more serious than your self-diagnosis.
Any offer to make a recorded statement should likewise be declined. During their initial calls, insurance adjusters will frequently try to get victims to give recorded testimonies, claiming that the recording is for the victim’s own safety. Don’t be duped. Conversations that are taped can be used against you in court.
What do you say to other persons insurance?
If you receive a call from another insurance provider, remain polite and composed. Get the name of the company as well as the person’s name and title before agreeing to answer any questions. Make a note of this information. However, only give them the bare minimum of information. If required, only give them your name, address, and phone number. Don’t say anything about the accident, your injuries, your insurance company, or your insurance claims on the spot. Take notes on the subjects you discuss during the conversation.
End the conversation correctly to avoid the other driver’s insurance company from contacting again. Make it clear to the other driver’s insurance adjuster that they should not contact you, but that you will.
You Are Not Legally Obliged to Speak to an Adjuster From Another Insurance Company.
You are only obligated to speak with a representative of your own insurance carrier in most jurisdictions. If speaking with a representative from another insurance company makes you uncomfortable, you have a few options. You can refuse to speak with them, ask them to contact your insurance company’s adjuster, or tell them you’ll only speak with them in the presence of your lawyer.
Insurance Companies Know This, but They Will Call You Anyway.
Unfortunately, many consumers do not just tell a different company’s insurance counselor, “Sorry, I really don’t want to chat right now.” Other insurance companies’ adjusters are aware of this and try to take advantage of it. So be ready and expect a call as soon as possible.
The Other Insurance Company Is Not Your Friend.
The other driver’s insurance company’s primary purpose is to pay you as little money as possible, and none at all if at all possible. They are not looking out for your best interests. They don’t give a damn how terribly you’ve been hurt. It’s all about the cash flow. One of the major reasons the other driver’s insurance company contacts you is to try to persuade you to provide evidence that the accident was your fault, that any injuries you sustained were minor, or that you were not injured at all. Another reason why you should not speak with the other insurance company without your lawyer present is because of this.
- The second goal is to negotiate the lowest feasible settlement if they are unable to deny the claim.
Anything You Say Can and Will Be Used Against You.
An adjuster for the other driver’s insurance company will question you about things that don’t seem to have anything to do with the accident. They’re attempting to draw you out in order to get you to answer the question in a way that they can use against you if you file a claim and it gets to trial.
When you speak with the adjuster for the other driver’s insurance company, you risk jeopardizing your insurance claims. Keep in mind that these insurance adjusters do this on a daily basis. They are aware that you were in an accident and are not feeling well. They’ve been instructed to hunt for evidence against you. You’re on their turf, and they’re well-versed in the game’s rules. If they can, they’ll use those regulations against you.
Do Not Let Them Record You. Do Not Give a Written Statement.
The majority of insurance adjusters do not attack you with full force. Instead, they’ll try to be chatty and persuade you that they’re just trying to learn as much as they can about what happened. One of their favorite ruses is to persuade you to let them record your chat. “If you could provide us a recorded statement, this will go considerably faster,” they’ll say.
One of the most common methods to jeopardize your case is to give a recorded statement. Other companies’ insurance adjusters will utilize a recorded statement to disprove your accident claim. What are their methods for accomplishing this?
The statement you gave to the police at the site of the accident and the one you gave to them, as well as any statement you made when you submitted your claim, will be scrutinized by the other driver’s insurance adjuster. They’re looking for even the tiniest contradiction to dismiss your claim. It is fairly uncommon for a person to relate the circumstances of an accident differently four or five months after it occurred. Providing them with a recorded statement allows them to search for contradictions.
Adjusters will ask you those strange questions we stated earlier, queries that are meant to debunk your claim. They may try to persuade you to agree with something you know is untrue. You can say something like, “Maybe,” or “I think so,” if you just want them to leave you alone or shift the subject. That’s what they’d like you to do.
During cross-examination, the other party’s defense team will use your recorded statement if the case goes to trial. It’s likely that you made the statements they recorded months ago and are having trouble recalling what you actually said. This is the ruse they’ve set up for you. If you contradict what you said in a recorded statement while on the stand in a trial, the other party’s attorneys will focus on that contradiction and make sure the jury is aware of it.
Never Admit Fault or Say You Are Not Hurt.
When you’re in an accident, the specifics can be hazy, especially if you’ve had a concussion or suffered whiplash. Perhaps you’re not sure who was to blame. Regardless, never confess fault for the accident, especially if it’s a little one. If you admit to the insurance adjuster that you were or may have been at fault for the accident, you may jeopardize your case.
The same can be said about injuries. It’s crucial to understand that your body produces a lot of adrenaline in the first day or two after an accident, especially if it’s a major one. Adrenaline can be used to conceal more serious injuries. You may feel good the second or third day following an accident, but once the adrenaline wears off, you may find that your neck hurts, that touching your stomach hurts, or that you have other dangerous symptoms.
Adjusters will employ a variety of tactics to persuade you that you are not wounded or that you are in good health. Also, if you are aware that you are in agony, do not tell the insurance adjuster. Just state you don’t know since you’re waiting for a response from your doctor or you haven’t had time to have a complete medical examination.
Only Answer the Question Asked.
When the adjuster from the other party’s insurance company calls, they will try to strike up a cordial conversation with you. Their main purpose is to fool you into thinking it’s just a pleasant call and that they’re checking in on you. It is not a pleasant call, and they are unconcerned about how you are feeling.
They’re just looking for ways to deceive you into giving evidence against yourself, which they can use to dismiss your claim or offer you a far lesser settlement than you deserve.
As a result, avoid engaging in a “pleasant conversation” with the insurance adjuster. Don’t offer them any specific details about the accident, any injuries you may have had, or your thoughts on the matter. Any of these data should never be discussed with an adjuster. It’s fine to indicate any potential car damage, but never reveal injuries or the specifics of the collision.
“In your perspective, who had the final opportunity to prevent the crash?” is one of the most commonly asked questions by insurance adjusters. They’re looking to see if there was anything you could have done at the final moment to prevent the accident. Was the music on the radio too loud? Were you engrossed in your phone? Were you taken aback by something you noticed on the street? The adjuster usually asks this question because they know the motorist they represent was at fault and are trying to find a method to mitigate that liability by insinuating that you had a chance to avoid the accident.
“I guess the individual who hit me had the final opportunity,” is the finest response you can make.
Be truthful, but don’t divulge any more information than is required. Maintain a straightforward and simple approach.
Never Agree to a Settlement Over the Phone or Sign Anything.
One of the reasons adjusters from the other driver’s insurance company phone so quickly after the accident is to pressure you into agreeing to a settlement as soon as possible. This is especially true if they know their driver was the primary cause of the accident. Insurance adjusters understand that after an accident, people are a little uncomfortable for a day or two. They’ll try to exploit your health as a bargaining chip to get you to agree to a settlement.
Accepting a settlement over the phone is never a good idea. You have no clue what medical costs you’ll have, how long you’ll be out of work, or how much it will cost to fix your automobile the first day or two following the accident. You will very certainly be settling for far less than you deserve if you accept the settlement offer. Defy the pressure and tell them you’re not interested in settling right now.
Sometimes Your Own Insurance Company Is Not Your Friend Either.
The Commonwealth of Pennsylvania is a no-fault insurance state. That implies your own insurance provider will cover the majority of your medical bills and lost wages. This implies you must treat your own insurance company with the same caution as you would another driver’s insurance company.
Almost all of the advice given above is also applicable to your own insurance company. You may be obligated by law to provide the company a recorded statement, but if you do, make sure your lawyer is there. Again, you should be plain and honest, avoiding embellishments or lengthy talks. In Pennsylvania, the police are obligated to file a report if there was a major accident. As a result, whenever the insurance company inquires about the cause of the accident, you should always refer them to the police report.
Another reason to be cautious is that when determining compensation and personal injury cases in Pennsylvania, the state uses a modified comparative negligence system. This means that the insurance company might lower any benefits or compensation you receive based on the percentage of the accident for which you are found to be at fault. So, if you are found to be 30% at fault in a car accident and are given $10,000 in damages, your reward will be reduced by $3,000. This is why, even when communicating with your own insurance carrier, you should never accept culpability for the collision or claim to be uninjured.
Can I refuse a recorded statement to insurance company?
When insurance adjusters try to contact you, they frequently expect you to deliver a statement without question. This, however, can be a major blunder. If you don’t have legal representation, you have the right to refuse to give a recorded statement.
When insurance adjusters approach you for a recorded statement, tell them to contact your lawyer so that your rights are fully protected. The insurance adjuster cannot use your statements against you if you hire a lawyer.
If you are involved in an uninsured motorist accident or have a claim involving medical payments or property damage, you may be required to provide a recorded statement to your own insurance company. You are not required to provide a recorded statement to a third-party liability insurer, and you should never do so without first consulting with legal counsel.
Do I contact my insurance or theirs?
If you are involved in an accident, regardless of whether you are at fault or not, you should always contact your insurance company. You should contact your insurance company right away if you find it damaged while parked or in any other tragic event.