After A Car Accident, Should I Talk To The Other Driver’s Insurance Company?

If you have been involved in a car accident, you may wonder whether you should talk to the other driver’s insurance company or not. Unfortunately, neither your insurance company nor the other driver’s insurance company are truly on your side. This means that you should always be careful about what you say to either insurance company.

Legally speaking, you are not required to speak to the other driver’s insurance company. Instead, we recommend you obtain legal representation as soon as possible. This way, when they call you, you can tell them you wish for them to liaise with your Austin car accident lawyer instead.

Chris Morrow Law, PLLC – The Attorney That Works

Here at Chris Morrow Law, PLLC, we handle car accident cases on a regular basis for our clients. Chris Morrow is ‘the attorney that works’, and he has been fighting for injured Texans since 1994. He cares about protecting your best interests while fighting to get you the best outcome possible.

When you have been involved in an accident that happened through no fault of your own, it is normal to feel overwhelmed and concerned. If you have been injured in the accident, you may be entitled to pursue a claim against the other party. This could allow you to recover damages and seek compensation for the pain and suffering you have been through.

It all begins with a free initial consultation and case evaluation, so contact us today at 512-520-8100.

After a Car Accident, Should I Talk to the Other Driver’s Insurance Company?

In general, it is a bad idea to speak to the insurance company that will represent the other party. This is because there is little to gain for you, but potentially a lot to lose.

Insurance companies are built for profit, and they employ strong and aggressive legal teams that have the sole purpose of reducing liability and payouts. This means that the second the other insurance company hears about the accident, they could employ certain tactics to get you to admit fault for the accident in some form, or at the very least, reduce the liability of their client.

The best way to combat these tactics is to contact a skilled attorney immediately. They will advise you on the best things to do and say, and also what you should avoid doing and saying. By listening to their advice, you can help ensure your case is secure.

Are There Any Situations Where It is a Good Idea To Speak To The Other Driver’s Insurance Company?

In certain circumstances, the other driver may refuse to speak to their own car insurance company, even though they are clearly at fault for the accident. This means the other driver’s insurance company may be completely unaware of the fact that an accident has occurred.

In this situation, you may need to call their insurance company to inform them that their client was involved in an accident and that you will be looking to pursue your damages. If you have already obtained your own legal representation, your car accident lawyer will do this for you.

When Not to Speak to the Other Drivers’ Insurance Company

There are certain situations where discussing your case in any way, shape, or form with the other party’s insurance company’s representative is a bad idea. If you have severe injuries that have required you to spend time in a hospital receiving treatment and have had to take time off work or school, you should not discuss your case with the opposing insurance company.

You should also avoid discussing your case if more than one person has been injured or there is a clear dispute as to who was at fault for the accident. In these situations, your best option is to seek help from a lawyer who will advise you on your options.

Your personal injury lawyer should carry out all communication with the other driver’s insurance company and your own insurance company on your behalf.

You May Need to Speak With Your Own Insurance Company

Many car insurance policies in the state of Texas require customers to report accidents within a certain time frame, often 24 hours. This means that you will need to inform them that an accident has occurred and that you have been injured. However, keep in mind that although they are your insurance company, they are not truly on your side either.

We recommend discussing your case with an attorney before speaking to the insurance company. This way, they can advise you on what to say and you can tell your insurance company that you have obtained legal representation and that they should liaise with your attorney from now on.

Advice for Talking With the Other Driver’s Car Insurance Firm

As the other driver’s insurance company will look to reduce their payout, they may call you attempting to find evidence proving you were at fault or that your injuries and damages are minor. For this reason, you should never tell an insurance company representative that you feel fine, are sorry for the accident, or that your vehicle is fine.

You should also avoid speculation. This means that you should only tell them what you know to be certain. If you are unsure, you should say so.

Finally, you should never let the other party’s insurance company record a statement over the phone or in writing. This is because what you say will be locked in evidence and could be examined and used against you. If you accidentally say something to devalue your claim and they have a recording of it, your case could be in jeopardy.

What Should You Say to the Other Driver’s Insurance Company?

There are certain things you may need to ask or say to the other driver’s insurance company. However, it is always best to do this through your car accident attorney who has experience speaking with insurance companies.

We recommend you ask for the name of the insurance company representative immediately and note the name and title, so you have a record of it later on. Remember, you are not obligated to speak to them, so if you feel uncomfortable talking to them, you can tell them they should carry on the discussion with your attorney.

You can tell them your name, phone number, and address if necessary, but tell them that going forward, you do not want them to contact you directly.

What Is a Claims Adjuster?

You may hear the term “claims adjuster” used by your attorney or online. A claims adjuster or insurance company adjuster is a person who investigates accident cases to calculate how bad the accident was, and how much the insurance company’s liability is likely to equate to.

They may speak to witnesses from the scene, look into medical records and CCTV footage, and obtain the accident reports if the emergency services have attended the scene. Their sole job is to reduce the insurance company’s liability, and this means that they will usually try to get in touch with victims to pursue a recorded statement.

Why You Should Never Let a Car Insurance Company Record You

If you talk to the other driver’s insurance adjuster, they may come across as friendly and informal. This may be a tactic to lower your guard before they ask you if you mind them recording you. They may say it could speed up the process, but this is not their intention.

A recorded statement can be extremely damaging to your case and anything that they record you saying could be used against you.

If you give a statement, the insurance adjuster may compare it to emergency service reports like the police or ambulance report. They will do this to find inconsistencies in your story. When asked the same questions repeatedly over several months, your story may have slight inconsistencies, as most people will tell the story slightly differently when remembering what happened.

Once you have agreed to be recorded, it is common for an insurance adjuster’s personality to change instantly. They may become much more aggressive and may ask questions that are designed to trip you up. They may attempt to infuriate you to the point where you answer in frustration.

Avoid Talking About Your Injuries

One important thing that your attorney will tell you is that you must be careful when it comes to discussing your injuries. You should always wait until the full scope of your injuries has become known to discuss your injuries with any claims adjusters. Even then, discussions about your injuries are best done through a personal injury lawyer.

Never Agree to a Settlement Over the Phone

One of the most common insurance company tactics used to reduce payouts is to quickly calculate what your damages may be worth, then offer you a settlement offer that is much lower.

This settlement offer may seem attractive to you right now, but it is likely much lower than what you deserve. Once you have accepted it, you will forgo the right to pursue further compensation. If you have underestimated your injuries, you may not have enough for the treatment you are going to need in the long term.

The other driver’s car insurance company may place pressure on you to accept their settlement, but you should tell them you need to discuss it with your attorney.

How Can a Personal Injury Lawyer Help You

Hiring a personal injury lawyer to deal with your insurance claim is always the smartest decision. When you are dealing with the aftermath of a car accident, you may be dealing with injuries, stress related to time off work, and growing medical bills.

Your attorney can help to investigate what happened, and this can prove invaluable in assigning liability. They may bring in expert witnesses to provide testimony and may uncover important evidence like CCTV footage that backs your claims. They will also know how to get police reports and ambulance team reports.

They may also be responsible for calculating your damages, which will make up the compensation you are seeking. This is one of the most important tasks they will carry out on your behalf. Calculating your economic damages, which are the tangible costs you have incurred, and your non-economic damages, like your pain and suffering, is important if you are seeking a settlement that is fair and reasonable.

Your attorney will liaise with other parties on your behalf, removing you from the stressful conversations and taking the weight off of your shoulders. They will also file the relevant paperwork correctly and on time. Giving you this time back should make your recovery easier.

Finally, when fighting a fault-based car accident case, you will likely be up against an entire insurance company and its team of highly trained, aggressive loss adjusters. Their sole job is to reduce the payout of the insurance company and they spend every day fighting claims like yours.

Without legal training, they could take advantage of you and reduce your claim. By hiring an attorney with a strong reputation, you ensure that you are treated fairly and that you level the playing field.

Texas Car Accident FAQs