Imagine this: you were just involved in a car accident. Unfortunately, a driver was not paying attention and hit you from behind while you were waiting at a stoplight. Police were called to the scene. The other driver received a ticket and you exchanged insurance information.
A few hours after the accident, you get a phone call and your caller ID shows it is a car insurance company; in fact, it appears to be the car insurer for the driver who hit you.
Should you answer the call? Is there any harm in doing so?
We will discuss these questions and more in this post.
Is There Any Harm in Speaking with the Insurance Adjuster?
A short call with the other driver’s insurance may seem harmless. What, if anything, could be used against you in a brief, 5-minute call? Actually, there are several things that can be used against you, even from a short call.
Before we go into some examples, it is important to remember some basic facts about the car accident claims process.
When You Have a Potential Car Accident Claim, You Are Viewed in a Different Light
After a car accident in which you make an injury claim against another driver, the process immediately becomes adversarial. What do we mean by this?
Once you make an injury claim against another driver, you should understand that the other driver’s insurance company has interests that are different from yours. Its adjuster will investigate the accident, your injuries, your medical treatment, and other aspects of your claim in determining what the insurance company should pay.
That does not mean every adjuster is trying to trick you. But it does mean that statements you make to the adjuster may later be considered when the insurance company evaluates your claim.
So with this context in mind, you can see how a call with the other driver’s insurance adjuster is not just a friendly call; rather, the adjuster is gathering information that the insurance company may use to investigate, evaluate, and potentially limit your claim.
So what are some examples of how a call with the other driver’s insurance may hurt your car accident claim? Here are 3 examples:
Example 1: Saying You Are “Fine” Before You Know the Extent of Your Injuries
After an accident, adrenaline and shock can temporarily mask symptoms. In addition, some injuries may not become apparent until hours or even days later. If you tell an insurance adjuster shortly after the crash that you are “fine” or that you have only minor pain, the insurance company may later point to that statement if you develop more significant symptoms.
As a result, it is generally best not to speak with the other driver’s insurance adjuster after the accident.
Example 2: Discussing How The Accident Happened
Immediately after an accident, you may not have all of the information about what happened. You may not have seen what the other driver was doing before impact, spoken with witnesses, reviewed photographs or video, or obtained the police report.
Giving a detailed statement before all of the facts are known can create problems if evidence later reveals something you did not know at the time. Even an innocent mistake or poorly worded answer can become an issue later in the claim.
Because of this, it may not be wise to speak with the other driver’s insurance adjuster about how the accident happened because it is possible you may not know all of the facts.
Example 3: You May Be Tempted To Settle Your Car Accident Claim
As we have written about before, car accident adjusters will often try to get you to settle your car accident claim right away. In fact, we see this happen all the time.
Insurance adjusters will often make four-figure settlement offers in an attempt to get you to settle your claim. While such offers may seem fair, they may not be. In fact – and depending on your injuries – your injury claim may be worth far more. Once you accept a settlement and sign a release, you generally cannot come back later and ask for additional compensation simply because your injuries turned out to be more serious than you initially believed.
So you can see, speaking with the other driver’s insurance adjuster can lead to an early – and unfavorable – settlement.
What About My Own Insurance Company?
Your obligations to your own insurance company are different. Most auto insurance policies contain provisions requiring an insured to notify the insurer of an accident and cooperate with its investigation. Depending on the circumstances and the terms of your policy, this may include providing information or a recorded statement about the accident.
Do I Have to Give the Other Driver’s Insurance Adjuster a Recorded Statement?
No, you do not have to give the other driver’s insurance adjuster a recorded statement. As we have written before, you are not legally required to give your recorded statement to the other driver’s insurance company.
For the same reasons you should not speak with the other driver’s insurance adjuster, you generally should not give a recorded statement to the other driver’s insurance adjuster. Statements you make during a recorded statement – including statements about your injuries and how the accident happened – may later be considered by the insurance company when evaluating your claim.
So we recommend not giving the other driver’s insurance adjuster a recorded statement.
However, and as discussed above, you do have to cooperate with your own insurance company. This may include giving your own insurance company a recorded statement.
Bottom Line: Be Careful Before Speaking With the Other Driver’s Insurance Adjuster
If you were injured in a car accident, you generally do not need to rush into a conversation with the other driver’s insurance adjuster. Before giving a recorded statement, discussing your injuries in detail, or accepting a settlement offer, consider speaking with a personal injury attorney about your rights.
At Barthelette Law, we have helped countless accident victims with their injury claims. We are available for free, confidential strategy discussions.