You've just been in a car accident. You're shaken up and trying to process what happened. As you manage police reports, tow trucks, and doctor visits, your phone rings. It's the other driver's insurance adjuster, and they want to discuss the crash. What do you do?
As Rhode Island car accident lawyers, we've seen too many people inadvertently hurt their claim by saying the wrong thing to car accident insurance adjusters. While you may have to interact with the insurance company at some point, it's crucial to understand your rights and potential mistakes before you do anything.
Do: Notify Your Own Insurance Company
While you shouldn't speak extensively to the other driver's insurer, you have a contractual duty to cooperate with your insurance company. Most policies require prompt notification of accidents.
When talking to your insurer:
- Stick to the basic facts of what happened
- Provide the date, time, location, and parties involved
- Don't speculate about fault
- Don’t apologize for anything
- Describe your injuries only in general terms
- Say you're still receiving medical treatment and don't yet know the full extent of your injuries
- Share the name and contact information of your Rhode Island car accident lawyer
If the other driver was uninsured or underinsured, your insurer may ultimately have to compensate you for some losses. Speaking to them helps protect that potential claim.
Do: Refer All Car Accident Insurance Adjusters to Your Lawyer
A Rhode Island car accident lawyer can handle all communications with the insurance company. Once you have legal representation, inform the adjuster. Give them your attorney's contact information and instruct the adjuster to direct all correspondence to your lawyer.
Having a skilled advocate levels the playing field with the insurance company. Your lawyer can:
- Protect you from saying anything that jeopardizes your claim
- Thoroughly investigate the accident to build your case
- Gather evidence of the full extent of your injuries and damages
- Negotiate with the adjuster to pursue maximum compensation
- Litigate your case if the insurer won't make a fair offer
Focusing on your recovery is hard enough without the stress of battling an insurance company. Let your car accident lawyer fight for the compensation you deserve while you concentrate on healing.
Don't: Give a Recorded Statement
Car accident insurance adjusters may pressure you to provide a recorded account of how the crash happened. They'll assure you it's a standard part of the process. Don't fall for it.
You're not required to give a recorded statement to the other party's insurance company. In fact, doing so can seriously damage your claim and negatively impact your financial recovery. Here's why:
- Adjusters are trained to ask leading questions that elicit responses to weaken your case
- You may not recall details accurately
- If your story changes even slightly later, the insurer will pounce on the inconsistency to challenge your credibility
- The adjuster can take your words out of context to minimize their policyholder's liability
Politely decline any requests for a recorded statement. If you must communicate with the adjuster, keep it brief and factual.
Don't: Accept a Quick Settlement Offer
The other driver's insurer may contact you shortly after the crash with a settlement offer. They'll dangle what seems like fast, easy money and pressure you to accept on the spot. Stand firm and say no.
Here's the problem with accepting an early settlement:
- You likely don't know the full extent of your injuries and necessary treatment yet
- Some symptoms and complications may arise after you've settled
- The offer probably doesn't account for all your damages, like lost income, pain and suffering, and future medical needs
- Once you accept a settlement, you waive your right to pursue further compensation
Never settle your claim until you've completed medical treatment and understand the long-term implications of your injuries. An experienced Rhode Island car accident lawyer can assess whether an offer is fair.