why you should talk to an attorney before the insurance company after an accident

by Jared Schumm 7 min read

An experienced attorney can help build a strong case against the driver responsible for your injuries and can help determine the full value of your claim. And, an attorney has knowledge of the law and how to take the steps necessary to protect your legal rights.Jun 11, 2021

What should you not say to a claims adjuster?

Never admit blame to insurance adjusters. The top 5 things to not say to an insurance adjuster are admitting fault, saying that you are not hurt, describing your injuries, speculating about what happened, or saying anything on the record.Nov 23, 2021

How do you negotiate with insurance after an accident?

8 Auto Accident Settlement Negotiation Tips
  1. Initiate a Claim as Soon as Possible After an Auto Accident.
  2. Keep Accurate Records About the Accident.
  3. Calculate a Fair Settlement.
  4. Send a Detailed Demand Letter to the Insurance Company.
  5. Do Not Accept the First Offer.
  6. Emphasize the Points in Your Favor.
  7. Get Everything in Writing.

What steps should be taken immediately in case of an accident?

Below we have outlined seven specific steps you should always take immediately following the accident.
  1. Call emergency services if necessary. ...
  2. Determine cause. ...
  3. Witnesses. ...
  4. Photos. ...
  5. Document everything. ...
  6. Get medical treatment. ...
  7. Call an attorney.

Can you negotiate a settlement with an insurance company?

Even if the offer seems reasonable at first glance, you should always negotiate. After you research the value of your car, come up with a number that you feel is fair for a settlement. It should be the absolute minimum you are willing to accept.Mar 29, 2020

Should I accept the first compensation offer?

Unless you have taken independent legal advice on the whole value of your claim, you should not accept a first offer from an insurance company.

How do insurance companies determine settlement amounts?

How Do Insurance Companies Determine Settlement Amounts?
  1. The type of claim you are making. ...
  2. The policy limits and amounts allowed for recovery. ...
  3. The nature and extent of your injuries. ...
  4. The long-term effects of your accident on your life. ...
  5. The strength of your case. ...
  6. The distribution of fault. ...
  7. Previous matters.
Nov 8, 2021

What is your first responsibility when approaching an accident scene?

As a first aider, the very first thing you should do upon arriving at an incident scene is to check for any hazards to yourself or bystanders. A hazard is anything with the potential to cause harm.Sep 23, 2016

Where there are multiple accident victims which type of injury should be the first?

If someone is not breathing then they should be treated first. As a general rule, the "quiet" casualty is more in need of help compared to the casualty with a serious cut who is screaming in agony. Whilst this is distressing - the unconscious casualty should take priority.

What happens after a car accident not your fault?

Collect Information

If the other driver has stopped make sure you get their name, address and most importantly their insurance details. Also take note of their vehicle registration number. Finally speak to any witnesses who are at the scene. Take statements from anyone who saw the accident.
Aug 28, 2014

How do I get the most from my insurance claim?

Develop your claim strategy based on your reasonable understanding of your coverages, endorsements, exclusions and policy limits. Document everything. Present your position and documentation to your insurance claims adjuster. Negotiate for the settlement you want, need and deserve.

How do you respond to a low settlement offer?

Steps to Respond to a Low Settlement Offer
  1. Remain Calm and Analyze Your Offer. Just like anything in life, it's never a good idea to respond emotionally after receiving a low offer. ...
  2. Ask Questions. ...
  3. Present the Facts. ...
  4. Develop a Counteroffer. ...
  5. Respond in Writing.
Jan 7, 2021

How long does an insurance company have to settle a claim?

HOW LONG CAN THE INSURER TAKE? IMPORTANT: The above information is a guide to the timeframes under the Code. The insurer has 45 days from the date you stated you had a complaint/dispute to respond or resolve it.

You Are Not Obligated to Talk to the Insurance Company

You are required to report the accident to your insurance provider and cooperate with your insurance company, but you are not under any legal obligation to speak with the insurance company for the other driver.

Why Should You Avoid Talking to the Other Insurance Company Before You Talk to an Attorney?

If the insurance provider for the other driver can obtain evidence that contradicts your allegations of fault, the company may reduce or eliminate its liability for your claim. In other words, the insurance company would not be responsible for your claim.

Consult a California Personal Injury Lawyer Before Talking to an Insurance Adjuster

Insurance adjusters are highly trained and skilled professionals that do not work for you. They work for the insurance provider.

What to do before speaking to insurance after a collision?

Before speaking to any insurance representatives after a collision, it is a good idea to get help from an experienced car accident attorney. Your attorney can deal with the insurance companies on your behalf and make sure that your interests are represented professionally and accurately.

How to deal with an insurance agent who called you?

Stay calm. Even if you are upset after an accident, remember not to take out your anger on the insurance representative who called you. By remaining calm and being polite, you can have a civil conversation that might earn you some goodwill with the person you’re speaking to.

How to speak to an insurance adjuster?

Perhaps as important as knowing what to say to an insurance adjuster is knowing what NOT to say. Remember the following tips when speaking to any insurance company representative: 1 Do not make any statements immediately after the accident. Let the dust settle, make sure you are not confused or disoriented, and let things calm down before discussing the crash with anyone. 2 Don’t be apologetic or admit fault. Don’t apologize to the other party out of politeness and don’t assume responsibility for the crash. Until you know all the facts and all of the contributing factors to the accident, it is too hard to definitively assign blame. 3 Don’t say you aren’t hurt. Even if you don’t suffer immediately apparent injuries after the crash, you don’t know if other health problems will be diagnosed later. The symptoms of some serious injuries like internal injuries, whiplash, brain bleeding, and neck and back injuries are often detected in the days or weeks following a collision. 4 D on’t settle or sign any papers. Don’t let insurance adjusters pressure you into a quick settlement or signing a liability release. It is a mistake to settle your case before you know the full extent of your injuries and have a full understanding of your legal rights.

What information do you need to report a collision?

Limit any personal information you provide. When you report a collision to your insurer, then generally the report the following information: a collision occurred , you were in the accident, there was property damage, you were hurt, the other driver gave you his or her insurance information. As far as personal information, only provide your name, address, and phone number. Beyond that, the representative does not need to know any other details about your life and finances.

What to do after a car crash?

Do not make any statements immediately after the accident. Let the dust settle, make sure you are not confused or disoriented, and let things calm down before discussing the crash with anyone.

Can you talk to an adjuster about your injuries?

Do not discuss your injuries. The adjuster will likely ask you about the injuries you suffered, but it is not a good idea to talk about them on this call. If you leave out critical details or if you discover additional health issues later, not including them in your statements to the company may harm your claim later on.

Can you record a phone call with your insurance company?

Decline to give a recorded statement. The insurance adjuster may ask you to make an official statement on the record, or they may ask to record your phone call. Do not give any recorded statements to the other driver’s insurance company, and do not give a recorded statement to your insurance company without first speaking to a lawyer. Recording a statement could become a permanent record of errors or omissions in your story that could come back to haunt you later on. Instead, politely refuse to record a statement and let an attorney handle the matter for you.

What happens if another driver's insurance is disputing fault?

If the other driver’s insurance is disputing fault, they likely won’t be willing to pay for your repairs. Your own insurance company can step in, pay for the repairs, and set you up with a rental vehicle.

Who do you reach out to for a car accident report?

This information will also be valuable for your car accident lawyer who will need to reach out to the other driver’s insurance company, other witnesses, and the police for the accident report.

How long do you have to file a personal injury claim in Georgia?

According to Georgia’s statute of limitations, you have two years from the day you were injured to file your personal injury claim with the state civil courts.

Can you give a recorded statement to an insurance company?

No one should ever give a recorded statement to an insurance company, even their own insurance company, without consulting an attorney first.

Can you lose valuable evidence forever?

It may seem like you have a lot of time, but time flies, and you could be missing out on your chance to file for compensation. Valuable evidence can disappear quickly, so you want an attorney to scope out the scene for you before you lose that evidence forever.

Can insurance companies say "I'm sorry"?

Insurance companies are known for manipulating you into somehow admitting the accident was your fault. Even saying a simple “I’m sorry,” can be all they need to prove you were at fault. It’s best to let your lawyer do all the talking when it comes to dealing with other parties’ insurance companies.

When to call a lawyer for a car accident?

Once things have calmed down a bit, you’ll need to contact a local attorney as soon as possible. If the accident was a simple fender bender, there won’t be much a lawyer can do for you.

What to do if you have been in an accident?

If you’ve been in an accident, contact a personal injury lawyer before you call the insurance company if you plan to escalate the issue . Lawyers can give you advice and help you navigate the often complex process that’s involved in accident and injury-related court cases. For more information about car accidents , personal injury law, ...

What does a lawyer do when you have a lawsuit?

If you have a serious case where a lawsuit is possible, a lawyer will work on your behalf to ensure that you get the most money you can from the insurance company. Some of the compensation you may receive includes: Payment for a new vehicle (when needed)

What does it feel like to be in a car accident?

Being involved in a car accident can cause a wide range of emotions. Some feel panic and fear to anger and worry. If you’ve been in a car accident and you’re not sure whether to contact a personal injury lawyer or your car insurance company first, read on.

What happens if you feel fine after an accident?

Remember that even if you feel fine right after an accident, you could end up dealing with serious injuries that come to the surface later. If there are any witnesses, it’s absolutely imperative that you make sure you get their statements.

What happens if you leave the scene in an ambulance?

If you end up leaving the scene in an ambulance, they’ll likely transport you to the nearest emergency room. Once you arrive at the hospital, doctors will make an assessment of your injuries. They will either release you or recommend that you stay for further evaluation.

Do you need an attorney for an accident?

Not all accidents require the help of an attorney. However, if you’ve been injured, any of your passengers have been injured, or the other driver was under the influence, a lawyer is recommended. You should find a reliable law firm that is familiar with the laws in your jurisdiction.

What is the benefit of hiring a personal injury attorney after a car accident?

Hiring a personal injury attorney after a car accident can provide many benefits. Your lawyer can serve as an intermediary with insurance companies and at-fault parties throughout your claim. Once you retain an attorney, all parties must divert their communications to your attorney and away from you. Your insurance

What happens if you don't notify your insurance company of an accident?

Even if you feel confident that you played no part in causing your accident, you still face a contractual obligation to notify your insurer that an accident has taken place. Failure to comply with notification requirements in your policy could result in a denial of your claim, cancellation of your coverage, or increases in your policy premiums.

How to protect yourself from a claim?

Protect yourself and your potential claim for damages by saying as little as possible. Whenever possible, answer the claims representative with simple yes and no responses. If you feel unsure of how to answer a question, politely decline to answer at this time rather than risk providing the wrong information or ammunition that the insurance company can use against you during your injury claim. Then refer the claims adjuster to your lawyer.

What happens if you tell your insurance company you have no injuries?

If you tell an insurance representative that you have no injuries, only to discover in the days that follow that you have indeed suffered bodily damage, you could put your recovery for those injuries in jeopardy. In the worst-case scenario, the insurance company will deny your injury claim, and at best, you may face unnecessary delays and complications in your case.

How long does it take for an insurance company to contact you after an accident?

Insurers frequently attempt to contact accident victims just hours after an accident or as soon as the next day. What you say to an insurer during this time can and will affect your case. Before you speak to an insurance representative, take the time to understand your rights and what you should and should not say.

What to do if your insurance company has information from a police report?

The insurance representative will likely attempt to open up a line of questions as to the details of your injuries , such as treatment, your providers, and how much work you have missed. Do not answer these questions; instead, explain that you will provide the information once you have a better understanding of your injuries.

What to ask an insurance representative about an accident?

When you speak to an insurance representative, that representative will ask you about how you feel and any injuries that you’ve sustained. Do not say that you did not suffer any injuries or that you feel fine at any point during the call. While some physical injuries become apparent in the moments after an accident, many other injuries can take time to develop and for you to discover.

When speaking with your insurance company after an accident, should you be honest?

When speaking with your insurance company after an accident, you should be honest about what happened. The more documentation of the accident that you have, like pictures of the damage or scene of the accident, the more straightforward your claims process will be. When speaking to another driver’s insurance company after an accident, ...

What to do if your insurance advises you to go ahead and speak with the other party's insurance?

In the event that your insurer advises you to go ahead and speak with the other party’s insurance, keep your statement brief and stick to the facts, don’t speculate about who was at fault or about any of the other circumstances of the accident.

What happens when you file a claim with insurance?

When you file a claim, your insurance adjuster will begin looking into the accident to determine who was at fault and what damage will be covered. The other party’s insurance may be doing the same thing, and it’s possible that the other driver’s provider will reach out to you and ask for a recorded statement.

What to do when talking to another insurance company?

When speaking to another driver’s insurance company after an accident, make sure you’re direct and stick to the facts — you don’t want to speculate about what happened or leave anything open to interpretation. You may also want to talk to your insurer first as they may handle the correspondence with the other carrier directly.

What happens if you are not at fault for a car accident?

If you are not at fault for the car accident, your rates probably won’ t go up , although they still might. If the other driver is at fault for the accident, you’ll file a third party claim and their insurance will cover the damage.

What to do after 911 call?

After you’ve called 911, follow these simple steps to help you stay safe and begin the claims process. Collect information and call your insurance company. Gather all the info you can, including everyone’s names and contact information, the license plate numbers, and insurance provider names and policy numbers .

What to do if the other party's insurance contacts you?

If the other party’s insurance contacts you, ask your own provider whether it’s advisable to give them a statement

What to do if you accidentally say the wrong thing on your car insurance?

Getting assistance from your car insurance company's adjuster may help prevent you from accidentally saying the wrong thing, or saying more than you have to. Bottom line: If you're confident that any injuries and damages are minor and it's clear the other driver was at fault, you're probably better off speaking with the other driver's car insurance ...

What happens if you don't speak to your insurance company?

In those circumstances, if you don't speak with the other driver's car insurance company, it will be a long time before you get a settlement check from the other insurance company , if at all. Ideally, your attorney or a representative from your own car insurance company will talk to the other driver's insurer, but this isn't always possible ...

What happens after a car accident?

After a car accident, you may receive a call from the other driver's insurance company, regardless of how clear it may be that the other driver was at fault for the crash. Even in situations where you're at fault, the other driver's insurance company could still contact you. Either way, you need to be careful with the information you provide to ...

What is the goal of the other driver's car insurance company?

First, always remember that the primary goal of the other driver's car insurance company is to pay out as little money as possible. The company does not have your interests in mind. It wants to find evidence that you were at fault for the accident, and that your damages or injuries are minor (or nonexistent). ...

Do you have to speak to your insurance company after an accident?

Let's quickly answer the question that the title of this article poses: No, you are not legally required to speak with the other insurance company's representative. Speaking to your own insurance company after a car accident is a different story, however.

Should you tell your insurance company your injuries are minor?

So, you shouldn't tell the insurer that you feel fine or that your injuries are minor. Even if you believe this is the case, some car accident injuries don't show up right away, and minor injuries can turn out to be much more serious than expected. Second, anything you say to the other driver's car insurance company can serve as a basis ...

Can you speak to another insurance company?

You also should n't speak with the other driver's insurer if you have a car accident attorney or adjuster from your own insurance company who can speak on your behalf. Having said that, in some situations, it may make sense to speak with the other insurance company.

What to not say to insurance after an accident?

What NOT to Say to an Insurance Agent after an Accident. After a car accident, one of the first steps you should take is calling your insurance company. Your policy will likely cover some of the expenses associated with the accident, including repair work and medical costs. As with a police report, however, what you say during interactions may be ...

Can you tell an insurance agent you are injured?

Never tell an insurance agent you aren’t injured or anything about the injuries you do have. Never admit fault or apologize for the accident. You may believe you have a clear picture of an incident, but injuries may take time to manifest, and investigations often bring unexpected factors to light. You aren’t deceiving your insurer by saying “I’ll ...

Can an insurance adjuster call you?

An insurance company may try to call the people you provide information for. You aren’t required to provide contact information for friends, family, or healthcare practitioners. • Don’t tell an adjustor you don’t have a lawyer.

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