What To Do When Another Driver’s Insurance Calls You After an Accident
What you say to your own insurance company should not necessarily be what you say to the other driver’s insurance in the event they call following an accident.
If you have engaged the help of an accident injury attorney then you should simply not speak with the insurance company at all except to let them know that you have legal representation to help protect your rights.
Once you are represented by a car accident lawyer, the insurance company should speak directly with your attorney who can handle all communications with the insurance company over any claims which they represent you for.
Because Michigan is a no-fault state for auto insurance, your insurance covers your damages first, but you should be prepared for the other driver’s insurance to also complete an investigation in order to determine fault.
Regardless of whether you are believed to be at fault or not, there a few things you should not say to another driver’s insurance company adjuster if they contact you following a motor vehicle accident, and you elect not to have legal representation from an experienced accident attorney.
WHAT NOT TO SAY TO ANOTHER DRIVER’S INSURANCE
NEVER admit fault. Even admitting that you think you may have been in the wrong could be used against you to prove you were at fault or to damage your claim if you were not. Because of Michigan’s comparative negligence laws, admitting any fault could harm your claim and reduce potential compensation. It’s best to have an experienced car accident attorney handle all communication with insurance.
AVOID answering questions about what you did prior to or during the accident or discussing your injuries or other damages. Adjusters may try to get you to fill in details of the accident in an effort to find fault and/or deny your claim.
DON’T accept a first settlement offer from an insurance company. When another driver’s insurance believes they may be at fault for an accident, they will try to get you to settle for less on a first offer which oftentimes won’t be enough to cover your excess damages. Having an experienced car accident attorney who knows what your case is worth is essential, and you should refer calls from another driver’s insurance adjuster to your car accident lawyer.
NEVER speak to another driver’s insurance adjuster before you’ve gotten a chance to speak with an experienced car accident attorney. Insurance companies and adjusters are trying to pay out as little as possible on every single claim and may take advantage of people who don’t fully know their rights and how to protect themselves. They may try to get you to admit fault, potentially undermining your case, or may try to coerce you into signing documents saying you won’t sue the other driver for damages.
NEVER let another driver’s insurance company record you or pressure you into making a written statement. These could be used to undermine your case and could impact your potential compensation during the settlement process or at trial.
TOP TIPS FOR SPEAKING TO ANOTHER DRIVER’S INSURANCE AFTER AN ACCIDENT
STICK TO THE FACTS: Answer their questions directly and stick to the facts of the accident such as date, location, and names of people involved, as opposed to any opinions.
SAY “I DON’T KNOW” OR “I’M NOT SURE”: It sounds simple, but any extra information you provide or assumptions you make can be used by insurance companies in order to deny or negate your claim.
ASK FOR the name of the caller, what insurance company they are calling from, and notify your attorney of all communication and what was discussed, if anything. Remember, you are under no obligation to speak to another driver’s insurance company and it is highly advised that you route important communication like this through your car accident attorney.
IF you have not yet hired an attorney, you can tell the insurance adjuster that you aren’t comfortable speaking to them until you’ve hired experienced legal representation.
HIRE an experienced car accident attorney. Our team at Kajy Law communicates with all insurance companies directly on your behalf. We know your rights and have experience with the tactics insurance companies employ in an effort to reduce your compensation after a car accident in Michigan. Call us at 877-KAJYCARES or contact us today
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