It is important not to divulge information that isn’t 100 percent factually known to an insurance company, especially regarding fault or liability.
This is because any information provided to an insurance company can be used to diminish or deny a personal injury claim.
At Berry Law, we’ve seen firsthand what happens when injured parties fail to understand their rights and accidentally say too much to an insurance company.
Our goal is to help those involved in any car accident understand how to navigate the insurance claim process and offer insight into why our experienced car accident lawyers are the best way to obtain maximum compensation for damages and losses.
What Is the Role of an Insurance Company in the Car Accident Claims Process?
Insurance companies play a significant role in the car accident claims process, working to establish their insured party’s liability and potential payout by:
- Conducting thorough investigations and collecting evidence
- Evaluating the extent of damages and losses
- Negotiating with other involved insurance companies
- Communicating with all parties involved in the accident
Unfortunately, an insurance company’s goals may not always align with the best interests of claimants.
For this reason, working with an experienced accident lawyer who can advocate for maximum compensation based on the full extent of damages and losses incurred is essential.
When Does an Insurance Company Get Involved in a Car Accident?
Insurance companies typically get involved right after a car accident occurs. This is for many reasons, but the main ones include:
- To gather information and evidence for their investigation into the accident
- To determine who is at fault and liable for damages
- To assess the potential payout for a claim
Every state has different requirements for when a person is required to report an accident to their insurance company.
For example, Iowa requires drivers to report the accident within 72 hours. In Nebraska, any car accident involving physical injuries or causing $1,000+ in damages must be reported within 10 days.
These strict reporting deadlines ensure that insurance companies have sufficient time to conduct investigations and determine liability. They also allow for prompt handling of claims and potential payouts.
Failure to meet these requirements could result in a claim being denied or delayed, making it even more important for road users to understand what they should not tell an insurance company after a car accident.
What Information Do I Need to Provide to My Insurance Company?
After a car accident, providing an insurance company with accurate and truthful information is essential. This may include:
- Details of the accident, including date, time, location, and any contributing factors
- Any injuries sustained as a result of the accident
- Contact information for all parties involved, including other drivers, passengers, and witnesses
- A copy of the police report (if available)
While it is never advised to withhold information or lie to an insurance company, it is also important not to offer any additional information that is not explicitly requested. This can harm a claim and give the insurance company leverage to deny or reduce a payout.
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What Information Should I Not Give to My Insurance Company?
Information injured parties should not tell an insurance company after a car accident includes:
- Any admission of fault or liability for the accident
- Speculation about the cause or circumstances of the accident
- Medical history or prior injuries that may not be related to the accident in question
- Information about any pre-existing conditions that may have been aggravated by the accident
Though this information may be requested during the claims process, it is best only to share what is necessary and relevant to the accident.
What Is a Statement of Fault?
A statement of fault is any admission or declaration made by an individual involved in a car accident that implies they are responsible for causing the accident.
Unfortunately, this statement can be assumed by phrasing made on the scene, including but not limited to:
- “I’m sorry”
- “I didn’t see the other driver”
- “It was my fault”
Furthermore, detailing to police about rushing home to do laundry or meet a friend for lunch would imply that the injured person was not focused solely on driving, which can be used to argue fault in an accident.
These statements will be included in the police report, which will ultimately be used in the claims process.
As such, it is important to stick to the facts of the accident when speaking with the police and to avoid making any statements that could potentially harm a claim.
How Should I Handle Communication with My Insurance Company?
After a car accident, it is common for insurance companies to contact those involved for statements and information.
It is important to be cautious when communicating with them and not provide any information that could potentially harm a claim.
Some tips for handling communication with an insurance company include:
- Keep all conversations brief and stick to the facts of the accident
- Do not admit fault or speculate about the cause of the accident
- Do not offer any additional information unless specifically asked
- Seek legal advice before providing a recorded statement or signing any documents from an insurance company
The shock and trauma from an accident can make it challenging to handle these types of conversations, so it is vital to have a trusted car accident lawyer who can provide guidance and ensure all rights are protected.
Why Do I Need a Car Accident Attorney When Filing a Car Accident Claim?
In addition to handling all communications with insurance companies to ensure their client doesn’t make unintentional statements, car accident attorneys can also:
- Gather evidence and conduct their investigation into the accident
- Negotiate with insurance companies for maximum compensation
- Protect their client’s rights and ensure they are not taken advantage of by insurance companies
- Provide guidance and support throughout the entire claims process
Overall, having an attorney can increase the chances of receiving appropriate compensation for current and future expenses related to the accident.
How Does an Insurance Company Determine Fault?
Insurance companies use a variety of methods to determine fault in a car accident, including but not limited to:
- reviewing the police report
- speaking with all parties involved and any witnesses
- evaluating evidence from the accident scene
- reviewing documentation from medical professionals
- consulting with experts such as accident reconstructionists
Unfortunately, these methods, combined with accidental statements of fault at the scene, could result in a biased determination by the insurance company.
Fortunately, their opinion isn’t the final word when determining fault or a final settlement amount.
With the help of experienced lawyers, injured parties may be able to prove a lesser amount of fault, ensuring they receive adequate compensation under the law and based on damages sustained.
For example, some states require claimants to be less than 51% at fault to receive compensation for their injuries.
In these cases, award-winning legal representation can help gather evidence and build a strong case to prove that the claimant does not hold a majority of fault for the accident.
No matter the metrics used to assign fault or determine a settlement amount, it is always essential to have an experienced car accident lawyer to ensure anything said or done doesn’t harm a claim for compensation.
Car Accidents and Insurance Companies FAQ
Will I have to record a statement for the insurance company?
Providing a recorded statement to an insurance company is not required, but it may be requested. It is best to seek legal advice before doing so.
What if I am partially at fault for the accident?
Depending on the state in which the accident happened, being partially at fault does not necessarily prevent injured parties from receiving compensation.
What if the other driver’s insurance company refuses to pay for damages?
If the other driver’s insurance company refuses to pay for damages, a lawyer can help negotiate with them and potentially file a lawsuit if necessary. It is crucial to seek legal advice in these situations.
Which injuries should I report to my insurance company?
It is important to report all injuries sustained in a car accident to an insurance company. This includes physical, emotional, and financial injuries, such as medical bills or lost wages. Thorough documentation of these injuries can help support a claim.
How do I know if what I said to an insurance company will be used against me?
Insurance companies often record conversations and use them as evidence in claims. It is essential to be cautious of what is said, especially if it involves admitting fault or speculating about the cause of the accident. Seek legal advice before providing any statements to an insurance company.
How long does it take for an insurance company to settle a car accident claim?
The time it takes for an insurance company to settle a car accident claim varies depending on the case details. Some claims can be settled in weeks, while others may take months or years. It is important to have results-oriented legal representation who can help negotiate a settlement as quickly and effectively as possible.
The other driver’s insurance company keeps calling me. What should I do?
It is best to refer all communications from the other driver’s insurance company to a lawyer working on the case. They will handle all communication and negotiations, ensuring clients don’t make any statements that could harm the claim.
How much is my car accident case worth?
It is best to consult with a car accident lawyer to determine the value of a specific case. They will consider factors such as the extent of injuries, amount of property damage, and any future expenses related to the accident to calculate an appropriate compensation amount. It is important not to accept any settlement offers from insurance companies without consulting with a lawyer first, as they may offer less than what is deserved.
Don’t Get Caught in the Insurance Company’s Trap
It is easy to say something that isn’t as true as it feels after a car accident. Though unintentional, these statements could be used against an injured party and harm their chances of receiving maximum compensation.
The best way to protect the right to compensation and avoid falling into the insurance company’s trap is to hire an experienced personal injury lawyer. They have the experience to guide clients through the legal process and ensure their rights are protected every step of the way.
Contact an experienced car accident lawyer from Berry Law to understand how we can help when a case gets complicated due to accidental fault statements.
