After an auto accident, you must call your own insurance company, but you hold no obligation to speak with the at-fault driver’s insurer. Your own policy is a contract that requires you to report any accident, while the other driver's insurance company represents interests directly opposed to your own.
Making the right communication choices protects your ability to recover compensation for your injuries and property damage. An incorrect choice may compromise your entire claim.
Key Takeaways for Calling the Insurance Company After a Wreck
- The at-fault driver’s insurance company aims to minimize the amount of money it pays on your claim.
- Any information you give to the opposing insurer can be used to assign partial fault or devalue your injuries.
- Having a lawyer manage all insurance communications from the start safeguards your rights and your claim.
Your Duty To Report an Accident to Your Own Insurer
Even when the other driver is clearly at fault, your own auto insurance policy almost certainly contains a clause that requires you to report any accident in a timely manner. Failing to report the crash to your insurer may lead them to deny a future claim.
Additionally, your own policy can provide immediate benefits you paid for. This includes benefits that help with medical bills or car repairs long before you reach a settlement with the at-fault party.
Common policy benefits include:
- Medical Payments (MedPay) Coverage: This optional coverage helps pay for your and your passengers’ medical expenses after an accident, regardless of who is at fault.
- Uninsured/Underinsured Motorist (UM/UIM) Coverage: This vital protection covers your losses if the at-fault driver has no insurance or not enough insurance to pay for all your damages.
- Collision Coverage: This pays for repairs to your vehicle even when the other driver is at fault, allowing you to get your car fixed quickly while your insurer seeks reimbursement from the other party's company.
Promptly reporting the incident fulfills your contractual duty and opens access to these valuable resources. When you call, stick to the objective facts of when and where the accident happened. You don’t need to go into great detail or offer opinions about the crash.
Handling Calls From the At-Fault Driver’s Insurance Adjuster
Talking to the at-fault driver's insurance adjuster is a scenario filled with potential pitfalls. Their job is to protect their company's financial interests, which means paying you as little as possible.
The insurance adjuster isn’t your friend or advocate. Their primary goal is to gather information they can use to deny or devalue your claim.
They may try to achieve their objective in several ways:
- Seeking an Admission of Fault: The adjuster may ask questions designed to trick you into saying something that suggests you were partially responsible for the crash.
- Minimizing Your Injuries: They might ask, "How are you feeling?" hoping you say something like "I'm fine," which they can later use to argue your injuries aren’t serious.
- Getting a Recorded Statement: An adjuster will almost always ask for a recorded statement to lock you into a single version of events before you have all the information.
- Obtaining a Broad Medical Authorization: They may ask you to sign a release that gives them access to your entire medical history, which they can search for pre-existing conditions to blame for your pain.
The Dangers of a Recorded Statement
You have no legal obligation to provide a recorded statement to the other driver's insurance company. Adjusters push for these statements because they provide a powerful tool to use against you. Your words can easily be taken out of context.
Imagine you say you "felt okay" right after the collision because you were running on adrenaline. The next day, you wake up with severe neck pain diagnosed as whiplash. The adjuster could use your initial statement to argue the injury isn't from the accident.
What Information Should I Provide?
If you do speak with the other driver's adjuster before hiring a lawyer, provide only minimal, basic information. It’s better to refuse the call entirely and refer them to your attorney. The complexities of California third-party insurance claims make even simple conversations risky.
Information you may consider providing includes:
- Your Information: You can provide your full name and contact details.
- Accident Basics: Share the date and general location where the accident occurred.
- Vehicle Details: You can state the make and model of your vehicle.
- Legal Representation: You can provide your lawyer's name and contact information, directing the adjuster to speak with them.
Don’t discuss how the accident happened, the extent of your injuries, your medical treatment, or any other details. Politely state that the matter is under investigation and that you won’t be providing further information. Then, end the call.
6 Steps To Take At-Home To Protect Your Claim
After you have received medical attention and are resting at home, you can take several organized steps to protect your claim before making any calls. Each of these actions helps build a strong foundation for your case.
Act now to protect your claim:
- Get Organized: Organize all your documents from the scene, including the police report number and any information you exchanged with the other driver.
- Make Notes: Write down everything you remember about the accident while it's still fresh in your mind. Note the time, location, weather conditions, and sequence of events.
- Start a File: Keep all accident-related paperwork, including medical bills, prescription receipts, and any related correspondence.
- Document Your Car: Take photos of your visible injuries and your damaged vehicle from multiple angles.
- Adhere to Medical Advice: Follow all your doctor’s orders and attend all follow-up appointments, creating a clear medical record.
- Consult a Lawyer: Contact a Bakersfield car accident lawyer to handle all further communications for you.
How a Lawyer Protects You Against Insurers and Builds Your Claim
An experienced car accident attorney takes the burden of dealing with insurance companies off your shoulders. They handle these communications every day and know exactly how to protect your interests. Their advocacy allows you to focus on your recovery while a professional manages your claim.
Managing All Insurance Communications
From the moment you hire a lawyer, all communication from any insurance company goes through their office. This immediately stops the adjuster's calls to you. Your lawyer becomes a protective barrier, ensuring you never say something that could be misconstrued or used against you.
Experienced car accident lawyers know what information to provide and what to withhold.
Investigating and Proving Fault
Your attorney will conduct an independent investigation into the accident. They gather all available evidence to build a strong case proving the other driver's full responsibility.
Talking to the at-fault driver's insurance adjuster becomes much more effective when your lawyer presents them with a case backed by solid proof.
This investigation may involve:
- Evidence From the Scene: Your lawyer can obtain and analyze the official police report, photos, and any available traffic camera or dashcam footage.
- Witness Statements: They can identify and interview anyone who saw the accident to get accounts that support your version of events.
- Accident Experts: In complex cases, they may work with reconstruction experts to scientifically prove how the collision occurred.
Calculating the Full Value of Your Claim
An insurance adjuster may make a quick, low settlement offer before you know the full extent of your injuries and losses. An attorney calculates the complete value of your claim, making sure no damages are overlooked. A thorough assessment includes every detail of your losses.
Potential areas for compensation include:
- Medical Costs: This includes all past, current, and future medical expenses related to the accident, from emergency room visits to physical therapy.
- Lost Income: Your lawyer documents any wages you lost while unable to work and calculates any impact on your future earning capacity.
- Vehicle Damage: This covers the full cost to repair or replace your vehicle and the cost of a rental car during that time.
- Pain and Suffering: California law allows you to seek compensation for physical pain and emotional distress resulting from a physical injury.
Protecting You From Unfair Tactics
Insurance adjusters employ various tactics to minimize payouts. They might try to delay your claim, argue that you’re partially at fault, or dispute the severity of your injuries. An attorney recognizes these tactics and fights back aggressively.
Your lawyer handles all negotiations and can file a lawsuit if the insurance company refuses to make a fair offer. They shield you from these pressures and advocate tirelessly for your best outcome.
FAQ for Do I Call the Insurance Company if It’s Not My Fault?
What Happens if the Other Driver Was Uninsured?
If the at-fault driver has no insurance, you can turn to your own insurance policy to cover your damages. You report the claim to your provider and use your Uninsured Motorist (UM) coverage if you have it.
This is a primary reason why you should always report an accident to your insurer, regardless of who is at fault; you need to alert your insurer to tap into your UM benefits.
Should I Accept the First Settlement Offer From the Adjuster?
Don’t accept any settlement offer without consulting a lawyer. The first offer is almost always lower than the true value of your claim. An adjuster's goal is to close the case quickly and cheaply before you understand the full extent of your injuries or future medical needs.
An experienced lawyer will conduct a thorough investigation to identify all liable parties and fully understand the extent of your damages, ensuring you demand maximum compensation.
How Long Do I Have To File a Claim After a Car Accident in California?
In California, you generally have two years from the date of the injury to file a personal injury lawsuit. For property damage claims, the statute of limitations is three years.
While this may seem like a long time, you need to act quickly to preserve evidence and give your attorney plenty of time to build a robust claim.
Do I Call the Insurance Company if the Damage Is Minor?
Yes, you still should call your own insurance company. Even minor fender-benders can result in hidden vehicle damage or injuries like whiplash that appear days later. Reporting the accident protects you from future complications and fulfills the terms of your policy.
Not reporting the accident gives your insurer a reason to deny a claim if one becomes necessary later.
How Does Comparative Negligence Affect My Claim?
California follows a pure comparative negligence rule, which means you can still recover damages even if you’re partially at fault. However, your percentage of fault for the wreck reduces your total compensation.
Insurance adjusters often try to use this rule to assign you a small percentage of blame, even when you did nothing wrong, just to reduce their payout.
An experienced lawyer understands these tactics and will aggressively push back against any unfair blame allocations.
Take the Next Step With Confidence
Your priority after a car accident is to secure your health and financial stability. Dealing with insurance adjusters alone puts that security at risk. The most empowering action you can take is to place the responsibility for these communications in the hands of a dedicated legal professional.
You can move forward with your recovery, confident that someone is fighting for your best interests. If you were injured in an accident in Bakersfield, contact the Law Offices of Mickey Fine for a free consultation about your case. Call us at (661) 333-3333 today.