One of the first things the insurance company of the at-fault driver may do after finding out about a crash is contact the victim. This is a common tactic used by insurance companies. Talking to the victim may allow the insurance company to underpay the claim because the victim could say something that may hurt the value of the claim.
It may be in your best interest to speak to one of our car accident attorneys in South Bend before you speak to the insurance company. We offer a free consultation, and there are no upfront fees for our services.
Below, we discuss what steps you should take if the liability insurance company contacts you following a crash.
Am I Required to Talk to the Insurance Company?
You are not under any legal obligation to speak to the at-fault driver’s insurance company.
Even though the insurance company is aware of this, they will still try and get you to talk to them. That is why it is important to know what to say if they call.
What Should I Say if I Do Talk to the Insurance Company?
If you do speak to the insurance company, remember that anything you say may be used against you. Therefore, you should refer the insurance company to your attorney.
If you do not have an attorney when the insurance company calls, you should keep the following in mind:
- Do not say anything that may imply you are at fault for the accident
- Do not go into details about your injuries
- Do not agree to sign any documents that would provide blanket access to your medical records
- Do not provide contact information for potential witnesses
Saying something that may imply fault for the accident could give the insurance company a reason to deny your claim. Even if you appeal the denial or take the case to court, your admittance is on record, which would make your case more difficult to win.
It is important that you only discuss your injuries with your treating doctor, or doctors, and your attorney. Even saying something like “I feel okay” to the insurance company may get interpreted as “I am not injured.”
It is never a good idea to sign or verbally agree with anything the insurance company sends you until you have spoken to your attorney. This includes agreeing to disclose your entire medical history.
You should also try to avoid providing witness contact information. This gives the insurance company the opportunity to call witnesses and try to convince them about the insurance company’s narrative about the crash.
Sharing witness contact information could also be viewed as a violation of the witness’ privacy. Imagine you give someone your contact information and they share it with someone else without your permission. You might be less inclined to help someone who gave your contact information to another party without your permission.
What if the Insurance Company Asks to Record the Conversation?
The insurance adjuster will most likely ask you for permission to record your conversation. There are two things to keep in mind about this:
- It is generally standard operating procedure for companies to record every phone call
- Limit what you say and only answer questions directly
Companies record conversations for “quality assurance” or “training purposes.” However, that does not mean the insurance company cannot get those recordings and use what you say in them against you.
You may not have the option to opt out of a recorded conversation. It is important that you stick to the facts and do not interject unnecessary details. For example, if the insurance adjuster asks what you were doing before the collision, you could say you were heading east on West LaSalle Avenue. If you add in that the sun was in your eyes, they could try and argue you could not see where you were going.
What if the Insurance Company Makes a Settlement Offer Over the Phone?
The first offer the insurance company makes usually does not cover the full extent of your damages.
Therefore, it may be in your best interest not to accept the offer. A verbal acceptance on a recorded line could be considered binding. Declining the offer outright may not be a good idea either. So, it would be in your best interest to speak to your attorney before you make a decision.
What if My Own Insurance Company Calls Me?
Even though Indiana is an at-fault state, there may be several reasons why your insurer would contact you.
First, you may have filed a first-party claim if you did not have the other driver’s insurance information.
It could also be because the other driver involved in the crash filed a claim with your insurer. This is common in accident cases where the fault is not clear, or the other driver is not willing to accept fault.
Either way, if your insurance company calls you, you should still be careful about what you say. Unlike with the insurance company of the other driver, you are legally required to talk to your own insurance provider.
You may be able to refer your insurance company to your attorney, though.
Work With a Knowledgeable Lawyer. Call Us Today
If the insurance company calls you after a crash, it is important to remember that they are not interested in helping you. They are only interested in protecting their bottom line. That means they will do whatever they can to deny your claim, including using the things you say in a phone call against you.
Let our knowledgeable attorneys help you fight back against the insurance company. We are prepared to work with you throughout the entire legal process at no upfront cost to you.
Call (574) 444-0741 today to schedule a free consultation.
