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A fender bender can completely ruin your day, and dealing with the steps afterward can be incredibly frustrating. You know you need to exchange contact information with the other driver after a collision, but if you’re wondering if you need to deal with the at-fault driver’s insurance company, you’re not alone.
Speaking with the at-fault driver’s insurance company comes with some risks, and you need to be careful with how you go about it and what you say. If you’re considering opening communication with the other person’s insurance company, you need to protect yourself from lowball settlements and claim denials.
At Shapiro Law Team, we know the ins and outs of insurance negotiations and can help guide you when it comes to talking to the other person’s insurance company. In this brief guide, we will go over the tactics of insurance adjusters, how to deal with the at-fault driver’s insurance company representatives, how to deal with uninsured drivers, when to hire a personal injury lawyer, and more.
Before we get into the nitty-gritty details, it’s important to clarify one thing: You have zero obligation to speak with the other driver’s insurance provider. There are no laws requiring you to do so, even if they call you first.
After a car accident, you are only legally required to:
The other driver’s insurance provider may try to make it seem like you are required to speak with them or face consequences, but you have the right to decline their call and not talk to them.
Speaking with them comes with its risks, as the provider may try to use whatever you say against you during the process of filing the claim. They may also try to shift the blame onto you, downplay your injuries, or push you to settle quickly with a lowball offer.
If the other insurance provider calls you after an accident, you can politely refuse to record a statement for them. If they continue to push or pressure you into making a statement, you can refer them to your lawyer or your insurance provider.
The reality is that insurance companies are businesses trying to make money. After a car accident, their goal is to minimize their payouts as much as possible so they don’t lose money. Unfortunately, their goal isn’t to help you. To lower the potential payout, they will typically try to ask for your recorded statements and medical records to try and shift the blame to you.
Insurance companies will try every trick in the book to manipulate the situation in their favor. Some of these tactics are subtle, but they can have a serious impact on your compensation if you don’t tread carefully.
Keep an eye out for misleading questions that could shift the blame onto you. They don’t need your medical records or other documentation for any reason, but they will still try to ask for it and make it seem like you’re required to give it to them. Don’t give it to them.
If you get a call from the at-fault driver’s insurance adjuster, never agree to take a recorded statement. Keep your conversation with them brief and factual, and direct them to your insurance provider or lawyer if they continue to press. Don’t discuss anything related to accident liability or your injuries, as they will try to use that against you.
Contacting an insurance company after an accident should be the last step after you’ve taken care of everything else. This gives you time to build your case and collect evidence to give to your insurance provider. Before you consider speaking with an insurance company, be it yours or the other driver’s, make sure you complete the following steps first:
When you make the call to your insurance provider, tread carefully and choose your words wisely. Give your insurance company your full name, your insurance policy, and the date and time of the accident.
Stick to the facts, and don’t speculate or try to point fingers at the other driver. Be careful not to say anything that could be taken as admitting fault, and only give the concrete facts at your disposal. If you prepare beforehand, you’ll be ready.
You may have to talk to your insurance provider multiple times as you file your claim, so keep a written log of every phone call and email, including what was discussed in each. When you get a settlement offer, make sure you get written confirmation of the amount.
If you’ve never navigated the legal system or negotiated with insurance before, it can be tough to know what to say and what not to say. A legal attorney negotiates with insurance companies for a living, so they know all the tips and tricks that could save you from a costly mistake. Understanding how to deal with the at-fault driver’s insurance company negotiations can prevent you from making mistakes that could cost you your rightful compensation.
When filing a personal injury claim, there are a handful of common mistakes you can unintentionally make. Knowing these pitfalls can help you avoid them and make sure you get the maximum compensation you deserve after a car accident.
Firstly, don’t accept the first settlement offer you receive. Insurance companies will always lowball you for the first offer in an attempt to get you to settle quickly. Work with your lawyer to provide a fair counteroffer. You can use your medical expenses and other damages to calculate a reasonable compensation amount and offer that to the insurance company.
Secondly, don’t rush to sign your medical release forms. These forms give your medical provider permission to release your medical records to other parties, such as the other driver’s insurance company. Insurers will take your entire medical history and use it to try and dispute your injuries as pre-existing conditions. Work with an attorney to determine when it’s safe to release your medical records without it backfiring on you.
Lastly, don’t talk about the accident on social media in any way. You shouldn’t discuss the incident with anyone who isn’t directly related to the incident or the claim-filing process. Insurers will try to use social media posts to dispute your claim, so keep the accident private and don’t gossip about it to anybody who isn’t your attorney or a part of your legal team.
Unfortunately, not every driver on the road has insurance. If the at-fault driver is uninsured, you can file a claim using your uninsured motorist policy, which covers the damages in the event the other driver can’t. Similarly, underinsured motorist coverage helps with the damages in the event the other driver has a policy that won’t fully cover it.
If you get into an accident with an uninsured driver, you have a couple of options to file a claim. As mentioned earlier, you can file a claim with your insurance if you have uninsured motorist coverage. You can also pursue legal action and file a personal injury lawsuit against the other driver. Keep in mind that the legal fees for filing a lawsuit will stack over time, so consider if you’re willing and able to invest.
You can usually file a claim with insurance after a minor fender bender on your own without an attorney. However, more severe accidents are more complicated and may require additional legal help.
If the accident resulted in severe, long-term injuries with permanent consequences, a personal injury attorney can help you fight for the compensation you deserve. They can also help with negotiations if the insurance companies deny your claim.
Personal injury lawyers negotiate with insurance companies all the time, and they know the legal system like the back of their hands. They can take charge of all insurer communication, compensation negotiations, and filing a lawsuit if necessary.
Should I talk to the other person’s insurance company? The short answer is no. If they reach out to you, their goal is to trick you into making a mistake that could cost you your compensation. Redirect them to your attorney or insurance provider, and don’t make a written statement. While working with your insurance provider, tread carefully and stick to the facts of the matter.
If you’re feeling pressured by the other driver’s insurance company or need additional help during negotiations, reach out to the car accident lawyers at Shapiro Law Team. We’re ready to get to work and fight for your rights and the compensation you deserve. Since our firm works on a contingency fee basis, you won’t owe us a thing unless we win your case. Give us a call today to go over your legal options.