When phoning a victim of a car accident, the at-fault driver’s insurance adjuster will ask a lot of questions. The following are some examples of questions that an insurer might ask you and how you should respond:
- What year, make, and model of car were you driving when the accident occurred?
- Is your car in need of some TLC? If so, where did you take it for repairs?
The following are some examples of questions you should not answer if you are approached by an insurer:
Although the insurance adjuster will force you to answer those questions and make you feel awful if you don’t, simply explain, “I’m not yet ready to describe how the collision or my injuries occurred.” I’ll contact you once I’ve finished my medical therapy.”
You can ensure that the insurance company cannot take advantage of you by dealing with an attorney. A lawyer can help you prepare for any questions the insurance company may ask, estimate the value of your claim, and negotiate on your behalf with the insurer.
What should you not tell your insurance company 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
“I have whiplash,” a typical statement used by people attempting to submit false claims, is a significant red flag for insurance companies, and it will often prompt them to investigate your claim further. Don’t claim to have whiplash unless you’ve been diagnosed with it by a doctor.
What should you not say to an insurance investigator?
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 usually try to persuade victims to give recorded statements, claiming that the recording is for the victim’s own protection. Don’t be duped. Conversations that are taped can be used against you in court.
What questions do insurance investigators ask?
These interviews are essentially “scripted,” and the questions are similar to those you’d find in any initial “interview.”
1. Would you mind telling me your entire name?
2. Are you aware that this interview is being taped?
3. Have you given your permission for it to be recorded?
4. May I share the information with another adjuster if necessary?
5. What is your contact information, including your address and phone number?
6. What is your birth date?
7. What year, make, and model of car were you driving at the time?
8. Are you the vehicle’s registered owner?
9. Did you use the car for any commercial or government purposes?
10. Did you have any youngsters or passengers in your vehicle?
11. When did your accident happen?
13. What was the total number of vehicles involved?
14. On which street did this occur?
15. Did the weather have a role in the collision?
16. Was there mild, moderate, or heavy traffic?
18. What kind of damage did your car sustain?
19. Do you know what kind of damage the other vehicles sustained?
20. Was there any kind of evasive maneuver that could have been used to avoid the accident?
21. Were you under the influence of drugs or alcohol when you made this decision?
22. Did you use any technological gadgets, such as a cell phone?
23. Was there anything in the way of your vision?
24. Do you have any idea how fast the other group was moving?
25. Do you know how fast you can go on that road?
27. Did you have your seatbelt on?
29. Did the cops arrive on the scene?
30. Was a report prepared?
31. Do you have a copy of the report?
32. Did you get a ticket or a citation?
33. Were the automobiles relocated prior to the arrival of the cops?
34. Did the cops take the drivers’ statements?
35. Were there any eyewitnesses to the collision?
36. Do you have the contact information for the witnesses?
37. Were any street signs, poles, or other property damaged?
38. Did you sustain any injuries as a result of the accident?
39. What were the nature of your injuries?
40. Were you flung forward, backward, or sideways at the time of impact?
41. Did you make any touch with the car with any part of your body?
42. Did you experience any ringing in your ears or a popping sensation in your jaw?
43. Were there any deep cuts or lacerations on your body?
44. Did any emergency treatment take place on the scene?
45. Did you have to go to the hospital?
46. Where did you go to the hospital?
47. Were you taken to the hospital by ambulance?
48. How have you been treated since the accident?
49. Do you know your doctor’s name?
50. What kind of treatment are you now undergoing?
51. Do you take any prescription drugs?
52. How would you evaluate your pain on a scale of one to ten, with ten being the worst and one being the least?
53. Have you had any previous injuries that may have reappeared as a result of the accident?
54. Do you know how much your medical costs have cost you thus far?
55. How much time were you out of the office?
57. How do you see yourself fitting in there?
58. Does your position have any physical requirements?
59. Who is your immediate supervisor’s name?
60. Do you have your supervisor’s phone number?
61. Do you get paid on an hourly or salary basis?
62. How many hours each week do you work?
64. Do you receive any bonuses or commissions?
65. Have you been there for a long time?
66. What kind of medical coverage do you have?
67. Can you tell me if any of the other passengers in the other vehicle were hurt?
68. Is there anything else you’d like to say regarding the accident that we haven’t covered that we should know about?
69. Have you answered all of the questions correctly?
70. To the best of your knowledge, is this recording true and correct?
71. Have you given your permission and knowledge for this recording to be made?
72. Could you kindly repeat your name?
Do insurance companies talk to each other?
While car insurance firms do not communicate directly with one another, they do share data. A database called the Comprehensive Loss Underwriting Exchange gives all vehicle insurance providers access to your claims history (CLUE). Other similar statistics will be used to determine your risk.
How do insurance companies determine at fault?
In order to decide who is at responsibility in an automobile accident, insurance companies look at state legislation as well as the specifics of the collision. They also rely on police reports, statements from drivers and witnesses, and any evidence gathered by the drivers at the scene of the accident (e.g., photos of the scene, injuries, and vehicle damage).
The At-Fault Driver Is Liable for Accident-Related Expenses
Some jurisdictions are more worried than others about who is to blame in car accidents. Because Georgia is an at-fault state, determining fault is critical because the at-fault motorist is responsible for all car damage, medical bills, and other accident-related costs.
Violating Traffic Laws During the Collision May Mean Partially At-Fault
Traffic regulations are also crucial, because if a driver was speeding or breaking any other serious traffic laws at the time of the crash, they might be held entirely or partially responsible.
Who Acted Negligently?
In any car accident, the laws addressing carelessness are the most significant. Although most automobile accident claims are settled out of court by insurance companies, all parties must be prepared to go to trial, and the question in car accident cases is always: “Who was the one who was careless?”
Both drivers can be negligent in Georgia, but only one (1) driver can be charged “cause” the accident or share more than 50% of the blame. You may not be able to recover expenses from the other motorist if you are more than 50% at fault for the accident because you effectively caused it. Modified comparative negligence is the term for this situation. The other driver’s insurance company will only pay for the percentage of blame they accept using comparative negligence.
For example, if you were speeding and someone else ran a stop sign, you could be 20% at fault for the accident, and the person who ran the stop sign would be responsible for the remaining 80% of your losses. You would not be able to file a claim if you both ran a 4-way stop sign and the other driver was not speeding since you would be more than 50% at blame for the collision.
In contrast, if a drunk motorist hits you while you are following all applicable traffic laws, the drunk driver may be entirely to blame for the accident and accountable for all of your damages.
Typically, the authorities have an opinion on who is to blame, and insurance companies categorize incidents according to the percentage of negligence.
The Police Report
Call the cops if you’re in a car accident. Any accident that results in death, injury, or property damage that over $500 is required by Georgia law to be reported to the police. In addition, the police can assist in determining who is to blame for an accident.
How The Police Help Determine Fault
While on the site, officers will examine the collision and compile a police report detailing the events. The responding officer usually makes a schematic of the incident and gathers testimonies from the drivers and bystanders.
Special conditions, such as mobile phone use, speeding, or driving under the influence (DUI), are sometimes noted by police officers and a citation is issued. Traffic citations can be used to prove that one of the drivers was at fault. In some circumstances, police officers will use their professional judgment to determine who is to blame for an accident.
How to Make the Most of the Police Report
Stay calm and tell the truth when speaking with the cops. Simply state the facts and describe your experience to the officer. Do not conjecture or bring up the subject of fault. Request the officer’s name and a copy of the police report, and keep in mind that you and your insurance company will refer to it throughout your car accident claim.
The Details of the Accident
Your insurance adjuster will investigate the collision and use the details to determine fault if the police are unable to determine who is at fault or if the insurance company disagrees.
To determine fault, the insurance firm will employ images, maps, witness testimony, medical data, and unique algorithms. Any evidence you can offer from the accident site will be beneficial. Your vehicle’s damage may occasionally tell a simple story of a rear-end collision or a left-hand turn accident in which culpability is obvious.
Take a deep breath and write down everything you remember about the collision, including everything the other driver said or did, before leaving the scene of the accident or even the hospital. Take down the names and contact information of any witnesses who contacted you.
Provide your insurance company with all of the evidence you have, and if you believe your insurance company is not acting in your best interests, consult an attorney about your legal alternatives.
A.STOP Immediately and move only if it is safe to do so.
- Call the cops. Police officers may be called to every accident scene in some places. They may take into account elements such as the accident’s severity and location (some police authorities will not come to the scene if the accident is on private property). However, you should make an attempt to contact the authorities. If the accident involves a hit-and-run, you should be aware that most policies require you to notify the authorities within a certain time frame.
- Obtain all drivers’ names, addresses, phone numbers, and driver’s license numbers.
- Obtain the license plate(s) and VIN (vehicle identifying number) of the car.
- To make sure the information is correct, ask to see your driver’s license and vehicle registration.
- Get the names, addresses, and phone numbers of any other passengers or witnesses.
- Take pictures of the damage and the accident scene if you have a camera or a mobile (traffic controls, visual obstacles).
- If the owner of a damaged car or property cannot be contacted, write a note with the driver’s and owners’ names and addresses.
- You must report the collision to the Department of Motor Vehicles within 10 days if someone is harmed or the vehicle damage exceeds $750.00. Failure to notify the DMV may result in your driver’s license being suspended.
Gather as Much Evidence As Possible
Following an accident, the evidence you are able to obtain will play a significant role in substantiating your claim. Take photos, write down notes, get witness accounts, and document every detail of your accident. This will improve your chances of proving blame and recovering the full value of your claim.
Keep Strict Records Of Everything
Keep meticulous records of all transactions and communications with your insurance provider relating to the accident. Medical records, diagnoses, doctor recommendations, repair estimates, the police report, and any other documents or proof connected to your accident should all be kept on hand. Keep copies of everything, even if you submit a claim with your insurance carrier, so you have a complete record.
When submitting a claim, anything you say to your insurance company or adjuster might be used against you to deny coverage, lower the value of your claim, or prove your fault. It is critical that you speak effectively with your insurer throughout each consultation. Do not accept responsibility for your actions. Do not accuse anyone. Give the accident’s facts and specifics. Any other inquiries or facts that you are unable to offer should be sent to your lawyer.
Be Very Wary of Documents You Are Asked To Sign
After an accident, your insurance company will almost certainly require you to provide a statement or sign documents related to the accident. Any document you are asked to sign should be approached with caution. In many situations, such documents will limit or restrict your legal rights, preventing you from pursuing your claim to its full value. Any paperwork or settlement offers you are requested to sign should always be reviewed by legal counsel before you sign them.
Retain Legal Counsel To Find The True Value Of Your Claim
Insurance companies frequently only compensate for expenses incurred as a result of physical injuries. Medical bills, vehicle repairs, and lost wages are just a few of the major expenses that insurance companies may cover after an accident. Even though you may have a legal right to pursue emotional damages resulting from the accident, insurance companies tend to avoid them. Working with an attorney helps ensure that you are able to estimate the true value of your case accurately. Based on the facts of your case, an attorney can aggressively pursue all of the damages you are entitled to.
How much will my insurance go up with an at-fault accident?
But that’s just an average. Your vehicle insurance rates may not increase at all after an accident, or they may double, depending on a variety of circumstances. Both of these scenarios, as well as everything in between, are supported by our data.
Where you live and where you got your policy are two major criteria that impact how much your auto insurance rates rise after an accident. Who caused the collision you or the other motorist is also important.