There are numerous steps you should take after you have suffered an injury in a car accident. Of course, getting medical care is of paramount importance because your health is the most crucial thing. You may not fully recover from your injuries if you delay getting the necessary medical care.
At the same time, you are also expected to start working toward seeking compensation for your injuries. Although it is not easy to focus on what may seem to be complicated administrative details, it is exactly what you have to do in this situation. Waiting to begin the legal process can make it more challenging. Besides, insurance companies might already be calling to speak with you.
Talking to any insurance company, whether they represent you or the other driver, is risky for you. Simply stated, insurance adjusters or other representatives are not your friends. Even those working with your own insurance provider are not necessarily on your side, as you might need to file a claim. Insurance companies usually view claimants as adversaries, even if they are also policyholders.
It is best to have an experienced car accident lawyer handle all insurance conversations on your behalf, including with your own company. This legal representation is critical to whether you will receive compensation and how much you may get.
If you do not already have a car accident lawyer, now is the time to speak to one. You can schedule a free initial consultation to discuss your case with a lawyer. The sooner you hire a car accident attorney, the stronger the case for compensation you may build.
You May Need to Report the Accident to Your Own Insurance Company
The terms of your auto insurance policy may require you to speak to the carrier after you have been in an accident. Your insurance company is supposed to represent you in the legal process, and there is always a chance that they may need to defend you if any claim is filed against you. It is not in your best interest for your insurance company to be taken by surprise if the other driver’s insurance company contacts them after the accident.
Reporting the accident is more than just a formality. It may be a legal requirement for you. A car insurance policy is a contract between you and the insurance company, and you have your own obligations you must meet. If you do not meet your obligations, it may jeopardize your chance to file a claim, especially when your own insurance company may be the one covering the compensation.
Your Insurance Company May Be Your Ally Today, and Adversary Tomorrow
Remember that the insurance company that seems like your ally today will not be your ally when you file a claim for benefits. They may act reassuring and try to show that they care. The representative or adjuster may seem nice to you, but they are highly trained to take care of their employer’s interests at all times. Never assume that anything you say will be just between you and the adjuster. Always assume they are taking notes and filing whatever you say in your file. This way, they are ready to use it against you whenever it suits their interests.
Your insurance company can turn against you in a hurry if you file an under- or uninsured motorist claim against your policy. Hopefully, you were prudent and took advantage of the opportunity to purchase this type of coverage to protect yourself in the event of an accident.
You can never control which driver injures you on the road, and they may not have enough coverage to fully pay for your injuries (if they even have coverage at all). Most states require the insurance company to offer you this coverage; some even mandate that it be included as part of your policy. Either way, the hope is that you can file a claim against the other driver’s insurance policy, and possibly your own to recoup everything you lost in the accident.
When you file a claim against your own insurance policy, you have the same legal obligation as if you filed a claim with the other driver’s insurance company. You have the responsibility to prove both (1) that the other driver was negligent and (2) they caused your injuries. If you cannot demonstrate that the other driver was to blame for the accident, you may come away empty-handed without a settlement check.
Your Insurance Company Will Use Your Words Against You
One of the main things that any insurance company takes note of is when you say something indicating you might bear some or all of the blame for the accident. For example, if you say that it was “my fault” or “I was just looking at my phone for a second,” it does not matter that you may have only uttered these comments when you were panicked and under pressure.
The insurance company will treat your words as an admission of fault, and they will consider it when determining liability for the accident. In some states, you may be barred from receiving compensation entirely if you were even partially to blame for the accident. In other states, the compensation you receive will decrease based on the alleged blame against you.
In any event, you should be very sparing about providing extensive details about the accident or your condition until you have legal representation. Certainly, you should avoid any type of speculation about what happened. It never helps to guess what you think happened because the insurance company may treat it as a statement of fact they will use going forward in your case.
At the same time, you should also avoid revealing details about your condition to the insurance company. You can expect they will ask you how you are doing, and this is not a question asked out of concern for your well-being. This inquiry aims to gather information on behalf of the insurance company so they can prepare to dispute the individual elements of your damages.
Your accident compensation may include things like your actual economic losses and pain and suffering. The insurance company is particularly concerned about the latter because pain and suffering can be a large part of your damages. They want to know how your injuries are affecting you. Ordinarily, they will try to use the multiplier method to calculate your pain and suffering damages. This might change if they gained information from you to challenge the severity of your injuries.
Therefore, you should think twice about saying anything to the adjuster or insurance company representative of your condition. Even saying something like “I’m ok” can be misconstrued to show that you are not really injured. The insurance company may even try to use that to overrule the extensive medical records that your doctor provided when they examined and diagnosed your injuries. Thus, do not give any details about your treatment or medical condition, even to your own insurance company. Your claim will speak for itself, and your car accident lawyer will tell your story when it comes time to discuss compensation.
Do Not Speak at All to the Other Driver’s Insurance Company
While you may have to briefly speak to your insurance company to report the accident, you should never speak to the other driver’s insurance carrier. They are not your friend in any car accident case. They are your undisputed adversary because they step into the other driver's shoes under their contractual duty to defend them in legal proceedings.
The other driver’s insurance company may try to imply they have to speak with you as an administrative measure. There is no such obligation. They are only trying to talk to you on the record, hoping you will say something that can undercut your claim. No matter what they say or how much they try to reassure you, they are prepared to pounce if you say even the slightest thing that gives them an opening to challenge you. If the other driver’s insurance company tries to contact you, it is best to politely refuse to speak to them and end the conversation. If you have already hired a car accident attorney, tell the insurance company to contact your lawyer.
Have a Car Accident Lawyer Speak on Your Behalf
Soon after the car accident, everything becomes about the legal process and how you can best position yourself to receive the highest amount of money possible for your injuries. Not only does your car accident lawyer need to act quickly to compile evidence, but you must also avoid mistakes that can jeopardize your claim. You may not even realize you are making a mistake when speaking to insurers on your own behalf. Therefore, contact a car accident attorney immediately after the crash so they can get started on your case.
While you may have made the initial report of the accident to your own insurance company, your car accident lawyer should be the only person speaking on your behalf going forward. They know how to deal with the insurance companies and put you in a position to get compensation for your losses. They will not accept minimal settlement offers, but will negotiate for the full amount you deserve.
Your car accident attorney will only speak with the insurance company when it is absolutely necessary to further your legal case. They know the tricks and traps an insurance company may use to damage your case, so they will not fall for them.
Do Not Try to Speak on Your Own Behalf
No matter how much you think you are helping your case, you typically risk harming your claim when you try to speak directly with any insurance company, including your own. They will try to serve their own purpose at your expense. There is little you can say on your own behalf to put you in a stronger legal position, but much you can say to weaken your position.
Always let a car accident lawyer do the heavy lifting for you. They are your representative and advocate who can tell your story in the most effective way possible. You can leave the details of your case to a car accident attorney and make key decisions when necessary, and only on the advice of your attorney.
The best way to avoid any mistakes is to contact the car accident attorney as soon as possible. They are at their most effective when they are brought into your case early. The last thing you want is for a lawyer to have to clean up any mistakes you have already made that can complicate your case. Sometimes, errors are irreversible, such as missing the statute of limitations.
Hiring a Car Accident Lawyer Costs You Nothing Upfront
If you are worried about cost as a reason why you should not hire a car accident lawyer, you can put those concerns to rest right now. A car accident attorney never asks you to pay any money out of your own pocket as a condition for doing work on your case. You are only asked to sign a representation agreement that promises to pay them a percentage of your proceeds should you receive any money for your injuries. This type of payment is known as a contingency fee, and it aims to help you afford an attorney when you most need one.
Schedule a Free Consultation with a Car Accident Attorney
If you've been in a car accident, seek the counsel of a skilled car accident attorney before you speak with insurance companies. With their extensive knowledge and experience, they can face the challenges of insurance companies and claims with confidence.
By scheduling a free consultation with a personal injury attorney, you gain the opportunity to discuss your case in detail with an experienced legal professional. Act today, as time is short.
Steve Fields
Founder | CEO | Principal | Attorney
Steve Fields founded Fields Law in 2001 and quickly established a reputation with his Personal Injury clients for being a lawyer who truly cares. After more than 20 years, those clients continue to refer their friends and family whenever they have been injured or become disabled.
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