Everything counts after an accident, particularly statements made and documents signed. You should be cautious about any statement you make that could potentially come back to hurt you in the end. Even more important, you should be extremely cautious about signing any documents given to you by any party. Shortly after a car accident, especially one where you are not the “at-fault” driver, you should expect a call from the other party’s insurance company. What do you do when you get that call?
We have asked attorney Alaina Sullivan about what you should do. Here is what she had to say:
Be Nice but Guarded
Keep in mind that the insurance claims adjuster is not the person who caused the accident. You may be pretty upset at the other driver, but do not take out your anger on the employee. He or she is just doing a job and has no personal stake in what happens necessarily. Granted, yes, the insurance company is going to want to do what is best for their business, but they are not the one who is at fault. Being polite and courteous will go a long way, and you will be more likely to get cooperation if you give it in return.
While it is true you should be polite, also keep in mind that he or she works for the other party. Therefore, do not expect that the other side’s claims adjuster is going to look out for you. Be guarded and aware of what you say and do to ensure that you are not “too cooperative” so to speak.
Get a Name
Do not say anything to the claims adjuster without getting his or her name, address and telephone number first. Also, make sure you get the name of the insurance company he or she represents, and make sure that this is the same name of the insurance provider the at-fault driver provided you. If possible, try to get the name and contact information for his or her supervisor, as well.
What Should I Tell Them?
As stated above, be careful what you tell the insurance claims adjuster. Give the adjuster your full name, address and telephone number. You can tell the insurance company your profession and what you do, as well as your employer. Do not tell them your income, as that could later be used against you, and do not give the adjuster your work schedule.
What Should I Not Tell Them?
One of the first things the insurance adjuster is going to want from you is a statement on what happened to cause the accident. Under no circumstances should you give them a statement. They may not even ask you for an official statement but rather try to engage in conversation to get your side of the story. Be polite, but be firm in saying that you do not want to discuss any of the facts of the accident. Be upfront in stating that you will be giving your statement in a written demand for compensation at a later date.
Do not provide them details about your injuries. This information can be included in your written demand for compensation, as well.
Do Not Settle
Whatever you do, resist the temptation to settle immediately. The claims adjuster will likely offer a settlement and will continue to push one. Do not take the first offer given to you and do not feel pressured, no matter how much he or she may insist. This first call happens relatively quickly following the accident so emotions will still be high, and the thought of going through a lengthy settlement process or even a trial may seem daunting. However, that early in the process you likely do not know the extent of your injuries.
Do Not Record Your Statement
Along the same line, do not agree to record your phone conversation. This question will almost always be asked, and the adjuster may make it seem like this is standard protocol. That fact may be true, but it can also be a way to trap you into saying something that will hurt your case later. Do not agree to record your conversation under any circumstances. Protecting yourself should be high priority during any conversation following the accident. When in doubt, just say no.
Contact an Attorney Today
If you have been in a car accident, have been contacted by the other side’s claims adjuster and have questions about what you should do, it is always recommended you contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions. A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
