21 July 2021 - Posted by Monsour Law Firm
After an accident, even if it wasn’t your fault, you’ll need to notify your insurance company. Plus, you can bet the other person’s insurance company is also going to give you a call. What should you say when you talk to insurance after a car wreck?
Conversations can be tricky, because there’s a fine line between being straightforward and giving information they can try to use against you. What you say can make a big difference in the settlement amount you eventually receive.
It most likely will not benefit your case (and could damage it) to talk to the other person’s insurer. Avoid the temptation to reach out. If the other driver is lying to their insurer about what happened, let your personal injury attorney advise you on how to proceed, don’t try to straighten it out yourself.
Don’t Give a Recorded or Official Statement
Talk to a personal injury attorney before you give any kind of official statement. He or she can advise you on whether you should do so and, if you do, the best approach to take.
You don’t have to hire a personal injury attorney to ask questions after your wreck. The initial consultation is completely free.
Be Honest and Factual
Sometimes people weren’t at fault, but they think some of the facts make them look bad, so they misrepresent the facts. That’s a bad idea because if you’re dishonest about one detail, it calls into question your truthfulness about the entire incident. Be honest about the sequence of events.
Stick to the facts. Sometimes people don’t remember everything that happened leading up to and during the accident. That’s completely normal after experiencing such a traumatic event. Don’t try to fill in details you’re not sure about. If the insurance company representative asks you a question and you’re not sure about the answer, it’s okay to say so.
Keep the conversation brief. Let them know you were involved in an accident, where the accident took place and whether your vehicle was damaged. Then get off the phone and let them send an adjuster to examine the scene and find out the rest.
Don’t Comment on the Extent of Your Injuries
If you were hurt in the wreck, you want to get well. In regular human interactions it’s expected to be positive and optimistic. If your mom asked how you were feeling you might tell her you’re doing fine or getting much better, not because your injuries are gone, but because you really hope you’re getting closer every day to being able to put the accident behind you.
However, it’s best to let a healthcare professional evaluate your injuries and report on your progress. Some injuries don’t show up until later, and progress toward healing isn’t always linear.
With that being said, it’s important to note you also should avoid signing a release so insurance can access your medical records. They could contain information the insurer could use to argue you were suffering from pre-existing conditions, not injuries related to the accident.
Ask Questions
While you have your insurer on the phone, it’s a good idea to ask the questions already rolling around in your head. Verify what your policy covers. Ask how the accident might affect your rates. Find out what next steps they recommend in terms of getting your vehicle repaired.
Hire a Personal Injury Lawyer
Monsour Law Firm can help you deal with insurance companies and avoid the common pitfalls victims often experience. We have a reputation for keeping insurers from rolling over our client’s interests and getting them the settlement offer they really deserve. Schedule your consultation to find out more.
Douglas C. Monsour, or Doug Monsour, is a trial lawyer who handles important and significant injury cases in Texas and across the nation. He is one of a handful of trial lawyers who have successfully tried multiple pharmaceutical, medical device, and mass tort product liability cases as the lead lawyer. He also vigorously represents injured oil field workers, victims of 18-wheeler wrecks, industrial accident victims, and those that have been severely burned.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Monsour who has more than 20 years of legal experience as a personal injury attorney.
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