You’ve been in a car accident. You’re dealing with repairs, maybe medical appointments, and probably more paperwork than you expected.
Then your phone rings.
It’s an insurance adjuster from the other driver’s insurance company.
The conversation may sound routine. They want to hear what happened. They may ask how you’re feeling, whether you’re injured, or if they can record your statement. They may even want to discuss resolving the claim.
Before you start answering questions, there’s something important to understand: the other driver’s insurance company is not your insurance company.
That doesn’t mean you need to assume every adjuster is trying to trick you. But it does mean you should understand who you’re speaking with, why they’re asking questions, and what could happen next.
First, Know Who You’re Talking To
After an accident, you may end up communicating with more than one insurance company.
A claim made under your own auto policy is generally considered a first-party claim. A claim made against the other driver’s insurance is a third-party claim.
That distinction matters.
Your own insurance policy is a contract between you and your insurer and may require you to cooperate with your insurance company’s investigation of a claim.
The other driver’s insurer is in a different position. Its job is to investigate the accident, determine whether its insured is responsible, evaluate the claimed damages and ultimately decide what, if anything, it believes should be paid.
In other words, the adjuster may be friendly and professional, but he or she does not represent you.
Do You Have to Give a Recorded Statement?
One of the first things an adjuster may request is a recorded statement about the accident.
Before agreeing, ask a few basic questions:
- Who does the adjuster represent?
- Is the conversation being recorded?
- Why is a recorded statement being requested?
- Are you required to provide one?
Your obligations to your own insurance company may be governed by the terms of your policy. But you generally do not have the same contractual obligation to cooperate with the other driver’s insurance company.
If you’re unsure whether you should provide a statement, particularly after an accident involving injuries or disputed fault, consider getting legal advice before doing so.
Be Careful About Describing Injuries Too Soon
“How are you feeling?”
It sounds like a perfectly normal question. And it is.
But shortly after an accident, you may not yet know the complete answer.
Some injuries and symptoms become more noticeable in the hours or days after a crash. Saying something broad like “I’m fine” immediately after an accident may not accurately describe how you feel later.
That doesn’t mean exaggerating an injury or refusing to answer basic questions. It simply means sticking to what you actually know.
If you’re experiencing pain or other symptoms after an accident, seek appropriate medical care and keep records of your treatment.
If You Don’t Know, Don’t Guess
Insurance adjusters investigate accidents for a living. Their questions may be very specific.
How fast were you driving?
Exactly how far away was the other vehicle when you first saw it?
How many seconds passed before the collision?
What lane was each vehicle in?
If you know the answer, answer truthfully. But if you don’t know, don’t guess simply because someone asked.
A guess made during a phone conversation can later sound much more certain than you intended.
The same principle applies to fault. You don’t need to speculate about who was legally responsible for the accident during an initial phone call.
Stick to the facts you actually know.
Be Cautious About an Early Settlement
Sometimes an insurance company may offer to resolve a claim relatively quickly.
Getting the entire situation behind you can sound appealing, especially when bills are arriving and your car needs to be repaired.
But before accepting an injury settlement, make sure you understand exactly what you’re agreeing to.
A settlement will typically include a release. Once you sign a release resolving your injury claim, you generally cannot return later and ask for additional compensation because your injuries turned out to be more serious or your treatment became more extensive than expected.
Read everything carefully before signing it.
Keep Your Own Records
You don’t have to rely on an insurance company to create the only record of what happened.
Keep copies of information related to the accident, including:
- Photos and videos from the scene
- The police report
- Witness information
- Vehicle repair estimates
- Medical records and bills
- Receipts for accident-related expenses
- Records of missed work
- Emails, letters and other communications with insurance companies
It can also be helpful to keep notes about phone conversations, including the date, the name of the person you spoke with and what was discussed.
When Should You Consider Talking to a Lawyer?
Not every fender bender requires an attorney.
But there are situations where getting legal advice early can help you understand your options, particularly when:
- You suffered significant injuries
- Fault for the accident is disputed
- Multiple vehicles were involved
- A commercial vehicle was involved
- The other driver is uninsured or underinsured
- The insurance company is asking for a recorded statement
- You’re being pressured to settle quickly
- The insurer has denied the claim or is disputing your damages
A lawyer can help evaluate the circumstances of the accident, communicate with the insurance companies and explain what a settlement or release actually means before you sign it.
The Bottom Line
You don’t need to panic when the other driver’s insurance company calls.
But you also don’t need to treat the conversation like a casual phone call.
Understand who you’re speaking with. Answer truthfully, but don’t guess. Be careful about making definitive statements about injuries before you know their extent. And read anything you’re asked to sign before resolving your claim.
A few minutes of caution early in the process can prevent much bigger questions later.
Have questions after a car accident? Torry Law Group represents individuals injured in motor vehicle accidents and insurance disputes. Contact our team for a free consultation to discuss your situation and your options.
This article is for informational purposes only and does not constitute legal advice. Every case is different. Reading this article does not create an attorney-client relationship.
