Generally, there is a need to report to the insurance company following a car accident.[1] You can get a call from the opposing driver’s insurance company following an auto collision. No matter who was at fault for the collision, this may occur. They may try to get in touch with you even if you had nothing to do with the collision. In either case, you should exercise caution when deciding what to say and how much information to share. It’s advisable to consult with a skilled car accident lawyer before engaging in any detailed discussions or sharing information.
There is no Legal Requirement to Talk to the opposing side’s Insurance Company
In most cases, if there is a chance that you or any other party involved may file a claim, you shouldn’t speak with the other driver’s auto insurance provider. In this case, you should get legal counsel as soon as possible. You run the risk of damaging your case by speaking with them directly. They are taught to push you to say the incorrect things, so they will try to turn anything you say against you.
The wisest plan of action is to contact a reputable personal injury attorney, such as those at Big Ben Lawyers, who can provide you with free legal advice. We are available via phone whenever you need us any day. Give us a call using the numbers we have provided on our website.
You must Speak to your Own Insurance Company
After a car collision, you are legally obligated to notify your insurance provider. It is expected of you to communicate with them as soon as possible; if at all possible, you should notify the insurer within a day. It is advised that you first consult with a lawyer, as they can offer to speak with them on your behalf or help you prepare your response.
You might also be required under your policy to provide a recorded statement. You can ask to check where in the contract it states that you have to do something if they ask for it.[2]
Even if you have to notify your insurance provider, you have to be careful about sharing information. They might adopt a stance in opposition to your sentiments.
Before speaking with your insurance provider, you should consult a vehicle accident lawyer if any of the aforementioned circumstances apply. For this reason, we offer our personal injury attorneys round-the-clock availability so that you may get guidance whenever you need it.
We have vast experience in California’s accident matters and you should talk to us as soon as possible.
You must Convince your own Insurance Company as well
California is a no-fault state as far as accidents are concerned.[3]
This implies that your own Personal Insurance Protection (PIP) company will pay for the majority of your lost income, medical expenses, and vehicle damages whether or not you were at fault. This implies that you should use caution while dealing with your insurance provider. They might not care if you were at fault or not, but they can be trying to reduce the amount of money your insurance claim will pay.
Be straightforward and truthful, but refrain from providing extraneous information. You can ask your insurance carrier to look to the police report for specifics if there was a serious crash and one was reported to the police.
The following tips for corresponding with the other driver’s insurance company may also be used when corresponding with your vehicle insurer.
Our Firm is ready to assist you navigate the whole legal process.
What are the Roles of a Claims Insurance Adjuster?
An insurance adjuster or claim investigator looks into instances to ascertain the degree of the insurance companies’ responsibility. They interview the claimant and any witnesses, examine your medical records, and read the police report while reviewing cases.
They have received training on how to reduce the amount of lawsuits filed against the insurer that they represent. This implies that you will probably be speaking with a claims adjuster if you are corresponding with the other person’s auto insurance provider. Most likely, they want to record your part of the story.
Reasons why it is not prudent to Record a Written Statement with the opposing Party
If you speak with an insurance adjuster, they would probably request that you record your statement. They might ask in a way that convinces you that it’s the proper thing to do, and they will most likely be quite nice. As an illustration, “If you provide a recorded statement, we can expedite the claim.”
However, if you provide a recorded statement, everything you say could be used against you and invalidate your claim, which could badly harm your case. Even if you were not at fault for the accident, you will still be responsible for paying for your losses and injuries if you do not file a claim.
• Refrain from Discussing your Injuries
You should not discuss your injuries with the other driver’s auto insurance provider after an accident. It’s possible that you won’t realize how serious your injuries are right away.
Claims assessors are interested in speaking to you as soon as possible because they want to do so before you have had time to absorb what transpired.
They also aim to determine the “reserve value,” or potential value, of your case. Even if it is far less than your outgoing expenses, once they are aware of that, they will fight for that sum.
• Do not accept any Settlement Offer made via Phone
A claims adjuster might wish to speak with you to expedite the settlement process. In the early days following an accident, adjusters are aware that you could feel uneasy and will try to capitalize on that.
When an accident occurs, never take a settlement over the phone. You have no idea how much your medical bills will cost, what repairs your automobile will require, or how much time you will miss from work. The claims adjuster is pressuring you to accept a settlement that is significantly less than what you are due. Tell them that you are not interested in a settlement at this time, and resist any pressure they may try to put you under.
What Information should I not share with my Insurance Company following an Accident?
Some of the information you should not give out to your insurance company include the following;
• That you are the one to blame for the Accident
It ought to come without saying that this. Even in no-fault states, however, there is no gain in pointing the finger of blame for the collision at others. Rather, it can provide insurance adjusters with grounds to reject your claim, minimize your damages, and raise other issues with your case. You might believe that taking responsibility for the collision puts you in a positive light. You are, after all, being truthful. However, keep in mind that insurance companies are profit-driven and will find no excuse to reject claims about auto accidents.
• That you were Driving Under the Influence of a Substance
You shouldn’t tell the claims adjuster that you drank a beer two hours before the collision. All 50 states have laws against drunk driving, and even if you weren’t legally intoxicated at the time of the collision, the insurance may still reject your claim if it appears that you were.
• You Sustained Minor Damage
When speaking with the insurance company, you can pretend not to be hurt and reduce your pain. Nobody gains from this. It instead provides the insurer with an excuse to grant you less than what is necessary to cover your medical bills and associated care expenses. While discussing your symptoms with the insurance, be sure to be completely honest about your health and include all relevant data.
• Avoid Giving out Unnecessary Information
After a crash, the insurance company doesn’t need to hear about your life. Anything you disclose that goes beyond the bare minimum could hurt your case. Information regarding your past injuries or auto accidents, family, employment, and anything else that isn’t directly related to your case should be kept to a minimum.
Any More Information Not to Share
After a collision, you should try to limit the amount of information you provide to the insurance company. In the days, weeks, and months following a crash, you should also refrain from doing other things. Among them are, for example:
Avoid Publications on Social Media Accounts
You don’t want to divulge information on social media, over the phone, or other than what is required for a person. Anything you post online could be accessed by the claims adjuster, who could use it to refute your claims. For example, you might share a photo of yourself grinning with pals during a football event. This photo could lead the insurer to believe you are not as hurt as you say you are.
While your case is pending, you don’t have to stop using social media, but you should exercise caution about what you post. Insurers search for any excuse to reject or minimise claims. The insurer will have more information to work with when offering a low settlement the more information you provide.
Seek Urgent Medical Attention
After a crash, seeing a doctor is one of the most crucial things you can do. This not only improves your condition but also demonstrates to the insurance your commitment to a full recovery. Refusing to seek medical attention or stopping treatment could cause some concern. It might even force the insurance company to reject your claim or make an unreasonable settlement offer.
Make urgent Report to Law Enforcement Personnel
You normally have to give law police the specifics of the crash if you were injured in it. If you don’t, you can face several legal repercussions; for example, you might be accused of hit-and-run. Notifying law enforcement also tarnishes your case.
One important piece of documentation in your case is the police report. It determines the crash’s date, the individuals involved, and other important information.
Navigating through the Legal Processes yourself
Following an injury-causing collision, you shouldn’t have to handle a challenging legal matter on top of that. Alternatively, you want to think about entrusting a vehicle accident attorney with your claim. They can take care of all correspondence with the insurance provider and seek payment for all of your losses.
How Can Our Firm Help you in Passing through the Process?
The best course of action for protecting oneself after a car accident is to hire a lawyer if you will be out of work for a long time or if you have any major injuries. Every day, claims adjusters strive to reduce the amount that insurance companies indemnify for losses.
For this reason, you require a personal injury attorney who has the same level of experience with auto accidents as they have. An attorney from The Law Place will fight to obtain the money you are due and save you from being exploited.
With a lengthy history of handling personal injury claims resulting from California traffic incidents. In addition to assisting you with the procedure and ensuring that you are not taken advantage of, we may offer you legal assistance.
Commonly Inquired Concerns after Car Accidents
Q: Am I under any obligation to make a written statement with the other side’s Insurance Company?
A: No, you cannot be made to provide a written statement by the other driver’s insurance provider. Generally speaking, it is better to hold off on giving any written statements or in-depth details until after speaking with a car accident attorney. Written statements may occasionally be used against you in an attempt to disprove your accident story or weaken your claim.
Q: Is there any need for the other Insurance Company to Access my Medical Records?
A: Without first seeking legal counsel, you should never give your medical records or discuss the severity of your injuries with the other driver’s insurance adjuster or any other representative from another insurance company. To safeguard your rights and stop the misuse of your private health information, your automobile accident attorney should oversee the release of any relevant medical information.
Q: What Steps should I take if I receive a call from the opposing Side Insurance Company?
A: If you receive a settlement offer from the other driver’s insurance company, do not accept it or sign any papers before speaking with your auto accident attorney. A common goal of insurance adjusters is to swiftly resolve claims for the least amount of money. An attorney can assess the offer, bargain with the insurance provider, and guarantee that any settlement fully compensates you for all of your accident-related medical expenses, missed income, and other losses.
Q: What will be the Role of the Lawyer in the Negotiation Process?
A: All correspondence with the other driver’s insurance provider can be managed by an auto accident attorney on your behalf. They may defend you against strategies that could jeopardize your claim, negotiate for just recompense, and give the insurance company any facts that they require. Having legal counsel guarantees that you won’t be taken advantage of during the claims procedure and that your rights are maintained.
Q: What Information should I share with the other party’s Insurance?
A: Only basic factual information, such as your full name and the accident’s date and location, should be shared with the other driver’s insurance provider. Wait to discuss any specifics of the collision, your injuries, or any other part of the case with your automobile accident attorney.
Q: Do I have any Fiscal Liability following a Car Accident?
A: Financially speaking, after a car accident, you are mainly responsible for handling your medical bills and reporting the collision to your insurance provider. Your auto accident attorney may provide you with guidance on how to handle discussions and claims to make sure that your financial obligations are met without jeopardizing your rights or the amount of your claim.
Q: What are Statutory Times of Limitations in California Car Accidents?
A: You might have to sue the at-fault person to get the money you are entitled to if the insurance company does not offer a reasonable settlement. On the other hand, personal injury claims have to be brought before the statute of limitations expires. The statute of limitations in California allows for a lawsuit to be filed only two years after the date of the car accident.
Your lawsuit will most likely be dismissed in court if you miss the due date. Losing the chance to present your case in court also eliminates your negotiating power with an insurance provider during any out-of-court settlement talks. Speak with a vehicle accident lawyer as soon as you can following an accident to avoid the penalties of missing the filing date.[4]
Should I Talk to the Insurance Companies on My Own? Can Insurance Companies Try to Trick Me to Accept Their Offer?
Even if it seems obvious that another driver caused the collision, you can still feel that making a statement and responding to certain questions won’t do anything. However, the insurance company wants to limit your payout by getting you to say anything that can be used against you.
Getting legal counsel is a smart idea if there are more significant losses or injuries, or if there is doubt about who is at fault. A law firm with a plethora of expertise and understanding is what you need. With over 60 years of combined expertise, we at Big Ben Law collaborate as a team so that you can take advantage of everyone’s skills and knowledge. Call us today through our contacts available online to schedule a free consultation with us right now.
Big Ben Lawyers
144 N Glendale Ave.
Suite 250
Glendale, CA 91206
References
1. Department of Motor Vehicle, Insurance Requirements, available at https://www.dmv.ca.gov/portal/vehicle-registration/insurance-requirements/#:~:text=Insurance%20(also%20referred%20to%20as,are%20renewing%20the%20vehicle%20registration, accessed on 16th April 2024.
3. The Judiciary Branch of California, Statute of Limitations, available at https://www.courts.ca.gov/9618.htm?rdeLocaleAttr=en#:~:text=Personal%20injury%3A%20Two%20years%20from,date%20the%20contract%20was%20broken, accessed on 16th April, 2024.
[1] Department of Motor Vehicle, Insurance Requirements, available at https://www.dmv.ca.gov/portal/vehicle-registration/insurance-requirements/#:~:text=Insurance%20(also%20referred%20to%20as,are%20renewing%20the%20vehicle%20registration, accessed on 16th April 2024.
[2] Ibid.
[4] The Judiciary Branch of California, Statute of Limitations, available at https://www.courts.ca.gov/9618.htm?rdeLocaleAttr=en#:~:text=Personal%20injury%3A%20Two%20years%20from,date%20the%20contract%20was%20broken, accessed on 16th April, 2024.