What should I not tell my insurance company after an accident?
After a car accident, you should always report the incident to your insurance company. This is especially true in no-fault states, but even if you can file a third-party claim against a negligent driver, informing your own insurer is still important. This is because you might need to use your coverage to supplement compensation from adverse insurance companies.
However, you should take care of what you tell insurance companies so you do not say anything that might jeopardize your claim. In fact, it is best to allow a car accident lawyer to handle all insurance communications, including initial notifications.
For more information about car accident claims, speak to a car accident attorney in Tulsa.
Why You Need To Notify Your Auto Insurer After A Car Accident
Auto insurance policies require the driver to call and report any accident on an insured vehicle. Most policies state that you should report the accident to your insurance company within 30 days, but sooner is better.
You also may speak to the other driver’s insurance company, but you are not required to do so. It may be better to not talk to their insurance company and let your insurance adjuster or attorney deal with them.
When you call your insurance company to report a car accident, there are several things you shouldn’t say:
You Caused The Crash
Do not admit that you did anything wrong that might have caused the accident when calling your insurance company or the other insurance company. Saying anything that resembles an admission of fault may lead to the adjuster denying the claim outright, reducing your settlement, or contesting the claim.
You might think admitting you were momentarily distracted (or similar conduct) makes you look honest and trustworthy, but it doesn’t help. Further, your conduct might not have contributed to the crash at all. It is better to say as little as possible.
You Used Substances
Don’t tell any insurance company that you were possibly intoxicated before or during the crash. Don’t relay this information to an insurance company, even if you only had one beer. Intoxicated driving is illegal in every state, and admitting you were drinking or using drugs before the accident can lead to immediate costly challenges. Discuss what you should say or not say with your car accident lawyer.
You Don’t Have Serious Injuries
You may not know the full extent of your injuries immediately after a car accident. Knowing how hurt you might be can take time and medical evaluations. So, you should not tell the insurance company you aren’t hurt and feel okay. This information will be used against you later if you turn out to have injuries and damages. Tell the insurance company that you aren’t sure if you’re hurt and will go to the doctor immediately.
You Have Specific Injuries Before a Diagnosis
Right after an accident, you don’t know for sure what your injuries are before you see a doctor. So, do not tell any insurance company that you have specific injuries. Just say you aren’t sure yet and will be seen by a doctor soon. Your medical team will disclose any injuries you have from the accident and create medical records.
Your Opinion On Fault
Your opinion isn’t objective because you were a driver in the accident. It doesn’t matter if you say you know the other driver caused the accident. It’s best not to say anything about fault and let the insurance companies and car accident attorneys sort it out. Generally, do not share anything with an insurance company that isn’t backed by investigations and convincing evidence.
Unnecessary Details
You don’t need to say too much after the accident. Just tell the insurance company your name, contact information, vehicle, where the accident happened, etc. Stick to the facts you know, and don’t say you aren’t injured; you may not know yet.
Names Of Witnesses
You shouldn’t give an insurance company the names of witnesses. The adjuster may try to contact them and undermine your story. Instead, save witness contact details for your car accident lawyer.
You Don’t Have a Car Accident Lawyer
Insurance companies prefer to deal with injured clients who don’t have a lawyer. The insurance company may know you don’t have a car accident attorney yet, so they will offer a low settlement. They hope that you will grab a small settlement without thinking carefully. That way, they can close the case for a fraction of what you could have gotten.
We strongly recommend retaining a car accident attorney after any accident with injuries. You also should have a car accident lawyer review any settlement offer you receive.
You’ll Take Their First Offer
Suppose after the accident, the insurance company says they will “cover your medical bills.” That sounds good to you, and you accept it. You may have given up a lot of money!
You don’t understand your injuries or their severity yet, so you aren’t in a position to take a settlement yet. The adjuster may offer to “pay medical bills,” but they may only mean certain expenses you already incurred. A severe injury may require much more extensive medical care and rehabilitation. You must ensure that you receive adequate compensation for all your past and future losses, not only your medical bills.
You should only take an offer that fully covers your injuries and other damages. Early on, there is no way to be sure what a ‘fair offer’ consists of. Before considering a settlement offer, wait until you talk to a car accident attorney. In the meantime, you can rely on your health insurance to pay for your initial care. Any out-of-pocket costs can be reimbursed later.
What Else To Know About Auto Insurance Companies
Most auto accidents with two vehicles have an insurance company representing each driver. You must promptly contact your auto insurance provider to report an accident over a covered vehicle. You are not required to contact the other driver’s insurance company. It’s often better to let your insurance company or car accident attorney speak to the other insurance company. As noted earlier in this article, you may say something that damages your claim. Keep these facts about insurance companies in mind, too:
Some Auto Insurance Companies Engage In Bad Faith
When you sign with an insurance company, it’s a legal contract binding both of you. You agree to pay monthly, and the insurance company agrees to cover you if there is an accident. However, not all auto insurers operate in good faith. It may go to great lengths to avoid covering your losses. Examples of bad-faith auto insurance practices are:
- Not acknowledging your claim submission
- Not answering your emails and phone calls to delay a case
- Bullying you into taking less than you should
- Delaying the claims process without cause
- Denying your claim without explaining why
The insurance company may think twice about trying these tactics when you have a car accident lawyer. It can be heavily penalized if it is caught engaging in bad faith. Your attorney knows how to spot bad-faith actions, too.
Insurance Companies Demand Proof
Filing a successful claim is more than reporting an accident and accusing someone else of causing it. You must have strong evidence that supports your statements, such as:
- The police report states that another person caused the crash
- Photos and videos of vehicle damages and positions after the accident
- Medical records that prove your injuries
- Eyewitness statements that say another person hit you
- Surveillance video footage, if available
- Data from event data recorders
- Information from accident reconstruction experts
- Data from cell phones, if distraction was involved
Your car accident attorney knows how to assemble critical evidence into a convincing package for the insurance company.
Insurance Companies Usually Settle Auto Accident Claims
The insurance company wants to pay you as little as possible. However, the insurance provider will usually pay a settlement instead of going to court. Most personal injury claims are resolved with a settlement.
This is because court cases are expensive and lengthy, and the risks are high for both sides. You might end up with nothing in court, and the insurance company might have to pay far more than it would have with a settlement. Ending with a settlement is often in both sides’ best interests. However, you need a car accident attorney to hold the insurance adjuster’s feet to the fire to obtain the best settlement.
You Don’t Have To Take The Insurance Company’s Offer
You are under no obligation to take an insurance company’s initial offer. You can always negotiate for more money. Many insurance company settlement offers are too low. Their goal is to pay less than you deserve for your claim.
If the insurance negotiation process doesn’t lead to a fair offer, you can decline the final offer and take the matter to court. Your car accident attorney can prepare the best case to persuade a jury. However, remember that you aren’t guaranteed to win the lawsuit. So, you can lose and end up with nothing. Your attorney will advise if taking a settlement or going to court is better, but the decision is yours.
Auto Insurance FAQs After Car Accidents
Below are common questions that come up about auto insurance after auto accidents. Talk to a car accident attorney if you aren’t sure how to handle a car accident claim or insurance issue:
Should I Talk To The Other Driver’s Insurance Adjuster?
You don’t have to, and it’s usually better to have your attorney do it. There is much to lose if you say something wrong to the other driver’s insurance company. Just saying you feel okay after a crash may make the adjuster question your position.
You should probably not talk to the other insurance company if it contacts you. Instead, politely decline to give a statement and tell them to speak to your insurance company or attorney.
Do I Need To Talk To My Insurance Company After A Car Accident?
Yes. You should report any accident on a covered vehicle promptly. But you shouldn’t comment about liability or the extent of your injuries. It’s better to be checked by a doctor and have an attorney review your case first.
How Much Is A Car Accident Settlement Worth?
The case value of your claim depends on several factors. First, how serious are your injuries? A severe injury is always worth more than a minor one. Second, how extensive are your medical treatments? A hospital stay and surgery will have a higher payout than if you were treated and released at the ER. Third, how much insurance is available? An insurance payout settles most car accident claims. It’s challenging to receive more than insurance policy limits unless the at-fault party has large assets and you opt to sue them personally.
When Do I Not Need A Car Accident Attorney?
You might not need a car accident attorney if you are not injured. You must have damages to file a claim or lawsuit after a car accident. A minor fender-bender without injuries doesn’t require an attorney. You can usually file a claim with your insurance, and it will cover your property damage. If the other driver hits you, your insurance company will seek reimbursement from the other driver’s insurance company.
However, if you have any injuries, it’s wise to consult a car accident attorney. Your injuries can worsen, and you may need more compensation than you initially thought. The attorney you contact will tell you whether you have a case.
When Should I Get Medical Care After An Accident?
Immediately. Do not delay seeking medical care because the insurance company will doubt your injuries. Go to your doctor or ER the same day and get your injuries documented.
Contact A Car Accident Attorney Now
Were you in a car accident recently? Are you seriously injured and unable to work? If another driver injured you, speak to a car accident attorney immediately. You can receive compensation for your injuries, such as medical expenses, lost earnings, and mental and physical pain and suffering. The legal consultation is free, so contact a personal injury lawyer in Tulsa today for additional information.
