Should I Talk to the Insurance Company After an Accident?

Why Insurance Companies Want to Talk to You Quickly

In the hours and days after an accident, you will likely hear from an insurance adjuster, sometimes from the at-fault driver’s insurer, sometimes from your own. These calls come quickly and for good reason from the insurer’s perspective: injured people are often confused, in pain, and have not yet understood the full extent of their injuries or their legal rights. Statements made in that early window are routinely used by insurers to limit the value of later claims. Attorney Jeffrey C. Lavey advises every accident victim to understand exactly what they are agreeing to before speaking with any insurance representative.

The Recorded Statement Trap

The most dangerous early contact with an insurance adjuster is the request for a recorded statement. The adjuster will present this as a routine step in processing your claim, just a few questions to understand what happened. In reality, recorded statements are used to lock you into an early account of the accident and your injuries that can be used against you later. Before your injuries are fully diagnosed, before you understand how the accident happened, and before you have legal advice, an off-the-cuff recorded statement can significantly damage your claim. You are under no legal obligation to provide a recorded statement to the at-fault driver’s insurance company.

What You Are and Are Not Required to Do

You are required to cooperate with your own insurance company in certain respects, your policy likely contains a cooperation clause that requires you to provide information about the accident and to submit to an examination under oath if requested. You are also required to report the accident to your own insurer promptly. You are not required to provide a recorded statement to the at-fault driver’s insurer. You are not required to accept any early settlement offer. You are not required to sign a medical release allowing the insurer unrestricted access to your entire medical history. Attorney Lavey advises every client on exactly what cooperation is required and what is not.

The Early Settlement Offer

Insurance companies sometimes extend settlement offers very quickly after accidents, before injured people have completed medical treatment or understood the full extent of their injuries. These early offers are almost never adequate because the full cost of an injury, in medical expenses, lost wages, and pain and suffering, cannot be known until treatment is complete and the extent of any lasting limitations is understood. Accepting an early settlement releases all claims, including those for future medical expenses and complications that have not yet developed. Attorney Lavey advises every client to complete medical treatment before evaluating any settlement offer.

What to Say and What Not to Say

If you must communicate with any insurance company before consulting an attorney, provide only basic factual information: your name, the date and location of the accident, the names and insurance information of involved parties. Do not speculate about fault. Do not minimize your injuries, phrases like “I’m fine” or “I’m not that hurt” made in the first days after an accident are regularly used to discount serious injury claims. Do not describe the accident in detail. The safest course is to contact Attorney Lavey as soon as possible and let him handle all insurer communications from that point forward.

Frequently Asked Questions