You should not talk or give a recorded statement to the other driver’s insurance company. You may be required to cooperate with your own insurance provider if you file a claim with them, but there is no obligation to speak to a representative from the other driver’s insurer.
Insurance companies are businesses focused on minimizing payouts, and the other driver’s insurer is not on your side. Knowing how and when to communicate with them can impact your pursuit of compensation. A South Carolina car accident lawyer can protect your rights and deal with the insurance company while you focus on recovering from your injuries.
Can I Decline to Give a Recorded Statement If the Other Insurance Company Asks for One?
Yes, you can and should decline to give a recorded statement to the other driver’s insurance company. The insurance company could take your recorded statement out of context or use it to shift fault onto you. Even innocent remarks like “I didn’t see them coming” or “I’m feeling OK” can be twisted to suggest that you were inattentive or that your injuries are not serious.
No matter how friendly the other driver’s insurance company representatives may seem, they can use your recorded statement to weaken or deny your claim. Instead of speaking directly to the insurance adjuster, refer them to your car accident attorney.
Should I Speak with the Other Driver’s Insurance If I Suspect the Driver Is Lying About the Accident?
It might be tempting to try and set the record straight if you suspect the other driver is lying about the accident. However, speaking to their insurance company is not the best course of action. The conversation could quickly escalate into a heated exchange, and you could inadvertently say something damaging about your case.
The following are steps you can take instead:
- Secure any evidence you were able to collect at the scene, such as photos of the crash, your injuries, and the names and numbers of witnesses.
- Keep all medical records and bills related to your accident injuries.
- Provide this evidence to a car accident lawyer, who can obtain additional evidence, such as the police report or traffic cam footage.
- Stay off social media with any thoughts or comments about the crash.
What Are Some Things I Should NOT Say to the Insurance Company?
Depending on the circumstances, you might have to cooperate with your insurance company. Whether you’re speaking to your insurer or the other driver’s insurance company, remember that everything you say could hurt your car accident claim.
Things you should avoid saying include the following:
- “I’m fine” or “I feel OK.” Saying you’re fine, even in response to a polite “How are you today?” can affect your ability to seek compensation.
- “I’m sorry” can be seen as an admission of fault, whether said to the other driver right after the crash or later to the insurance company.
- “I think” or “I guess” statements are not helpful. Stick to the facts, and do not embellish your answers with speculation.
- “I accept the settlement offer.” Insurance companies are notoriously stingy, especially with their initial offer. Wait until you speak to a car accident lawyer before verbally accepting an offer or signing any documents.
Am I Required to Report the Accident to MY Insurance Company Even If I Was Not at Fault?
In most cases, you should notify your insurance company after an accident, even if you were not at fault. Your policy may require you to report any accident within a specific time frame. However, talk to a car accident lawyer first.
Reporting the accident allows your insurer to open a claim (if necessary) and provide benefits to you while you are waiting to resolve the claim with the other driver. Suppose the other driver’s insurance company takes time to provide compensation, and you need to use your own insurance in the meantime. In that case, your insurer may later seek reimbursement from the at-fault driver’s insurer through a process called subrogation.
Should I Contact the Other Insurance Company if I Am Injured or Have Vehicle Damage?
No, contacting the other driver’s insurance company is generally not advisable. The insurance company could argue that you are not seriously injured if you are well enough to call them about medical bills or car repairs.
Instead, let your car accident lawyer handle communications. They can protect you from making statements that could harm your claim. There are other benefits to working with a qualified attorney, including the following:
- They can objectively examine your injuries and losses to determine an accurate valuation.
- They understand South Carolina laws, including the statute of limitations for personal injury lawsuits.
- They have experience with insurance companies and can anticipate their tactics to undermine your claim.
- They can usually negotiate a higher settlement on your behalf.
- They can file a car accident lawsuit and take your case to court if the insurance company doesn’t pay a fair settlement.
Contact a South Carolina Car Accident Lawyer
The other driver’s insurer is not looking out for your best interests, and speaking with them without legal guidance can put your claim at risk. The law firm of McKinney, Tucker & Lemel LLC has a tradition of helping people in York & Lancaster Counties since 1977, like this client:
“After I was hit head-on by a large cable truck I spent weeks in the hospital, months in rehab and therapy, and finally accepted that I would never be able to return to my prior life. Jim was there with me from the hospital to rehab to home. With this help, I was able to be in a position to live comfortably with my limitations. He truly cared about me.”
You can read more client testimonials here.
If you or a loved one has been injured in a crash, don’t talk to the other driver’s insurance company until you speak with our South Carolina car accident attorneys. Contact McKinney, Tucker & Lemel, LLC for a free consultation and let us put our decades of legal experience to work for you.
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