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This content is for informational purposes only and is not intended to provide legal advice.
Depending on the force of the impact, car accidents can cause serious injuries or even fatalities. Data indicates that about 43% of car accidents caused death or injury.
If you’ve been injured in a car crash, you may be entitled to compensation from the at-fault driver’s insurance company or your own. It’s important to report the incident and file claims with the relevant insurance companies as soon as possible.
When you do report the accident, insurance companies typically ask for basic details, such as where and when it occurred and the vehicles involved. This information helps them investigate the case and process your claim. But be careful what you say – insurance companies can twist your words to deny your claim or reduce the compensation you get.
In this article, you’ll learn nine things you shouldn’t say to an insurance company after a car accident.
Speak, But Don’t Say the Wrong Things
Insurance companies aim to pay the least compensation possible if they must. They would even be happier to find grounds to void your claim altogether. They can take your words out of context or have you sign documents that could harm your case.
A lawyer can help you avoid common pitfalls by communicating with the insurance company on your behalf. If the insurance company contacts you before you’ve had a chance to speak to a lawyer, here are nine things you should avoid doing:
1. Don’t Admit Liability
Insurance companies can quickly tell if you have a strong case that might cost them a lot of money. To weaken your claim, they might talk you into admitting responsibility for the accident. If you do, you might never see even a cent of compensation money.
Even if you think you’re to blame, avoid saying anything that could indicate fault. Particularly avoid statements like “I’m sorry” or “I apologize.”
You may have made a mistake on the road, but you don’t know what the other driver did wrong. For example, the other driver could have been texting, driving under the influence, or driving a faulty vehicle that contributed to the crash.
2. Don’t Say You Have No Injuries
In car accidents, your injuries are often central in settlement negotiations. You can’t be sure about the severity of your injuries before seeing a doctor. In many cases, internal injuries don’t always show symptoms immediately, so you need a thorough medical examination.
If the insurance company asks about your injuries and you say you’re feeling okay, you might receive significantly less money for your medical bills.
To be on the safe side, avoid discussing your injuries until you speak to a lawyer. The lawyer should share this information with the insurance company only when the time is right.
3. Don’t Disclose Your Full Health History
The insurance company may want to request access to your medical records to process your claim. However, you should only provide medical information related to the current event.
The company knows that you might have pre-existing injuries from previous accidents. If they access your complete medical history, they might have grounds to argue that your injuries were pre-existing.
Focus on past injuries is a common tactic insurance providers use to minimize or void claims. To prevent this, don’t allow them to access your entire health history. Let your lawyer review the request and provide only the necessary information.
4. Don’t Talk About Substance Use
Avoid sharing information about substance use, whether legal or illegal. Insurance companies are always looking for opportunities to blame you for the accident and deny your claim. So it’s in your best interest to avoid any talks about substance use prior to the accident.
It’s possible the police report and medical records might reveal that you had a beer or two shortly before the crash. But damaging evidence might not exist unless you volunteer it.
5. Don’t Give a Recorded Statement
If the insurance company calls and asks for a recorded statement, decline that request until you consult a lawyer.
You have no legal responsibility to provide a recorded statement. However, if it’s necessary, your lawyer will guide you on what to disclose.
Providing a recorded statement before checking with your lawyer could inadvertently give the insurance company ammunition to use against you.
6. Don’t Guess About What Happened
Avoid the temptation of speculating about what you think led to the crash. It’s the insurance company’s job to investigate the accident and determine what happened.
If asked to describe the incident, share only the basic facts and let your lawyer review your responses.
7. Don’t Offer Unnecessary Details
You might think that providing as much detail as possible about the accident and its aftermath will help your case. But there is always a danger in being overly generous with information.
To avoid this, don’t answer questions you haven’t been asked. For example, don’t talk about your driving speed at the time the accident occurred if the insurance adjuster hasn’t asked about it.
8. Don’t Provide Contact Information for Friends and Witnesses
Insurance companies can go to great lengths to deny or weaken your claim. They might reach out to your family, friends, or witnesses to obtain information that could hurt your case.
To prevent this, avoid discussing the accident with people who might inadvertently reveal something negative. Also, don’t provide the names or contact information of family members, friends, or doctors.
Anyone from your side who wants to speak about the accident should do so through your lawyer.
9. Don’t Say You’re Alone
Insurance companies are more likely to take advantage of you if they know you haven’t consulted an experienced personal injury lawyer. For example, they might trick you into providing a recorded statement that could implicate you. They might also get you to consent to releasing medical records that could harm your claim.
If the insurance company knows you’ve consulted a lawyer, they’re more likely to take your claim more seriously.
Get the Compensation You Deserve
After an accident, you need a thorough diagnosis and treatment of your injuries. It’s only after the full scope of your injuries and future medical needs are known that you can effectively negotiate a settlement. Plus, lost earnings and intangible damages like pain and suffering should be accurately evaluated to ensure fair compensation.
An experienced personal injury lawyer can handle the claim for you, securing solid evidence, including bringing the right expert witnesses, to prove liability and damages. This can ensure a timely and just settlement. If necessary, the lawyer will be ready to fight for your rights in court.
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