The aftermath of a car accident can be a whirlwind of emotions. There is the physical pain (if you were injured), the doctor visits, and dealing with the fact you’re going to be out of work and income for some time. Or perhaps your injuries seem minor, and you just want to get back to your life.
Even if your injuries feel minimal, you’re entitled to compensation, but what you say to the insurance company can sabotage your rights to a fair payout. Insurance companies are out to maximize their bottom line by minimizing payouts, and they can use your own words against you to achieve that.
To safeguard your car accident claim, here are six things you must never tell the insurance company.
1. “I’m fine”
One thing you must never say to the insurance company after a car accident is “I’m fine.” This is important to note because the insurance adjuster is going to call you soon after the crash. As standard courtesy, they may ask, “How are you?” It’s a simple, seemingly harmless question, but your response can be twisted and used as a statement of acknowledgment that you don’t feel hurt.
And when you aren’t hurt or injured from the crash, insurance companies can argue that you have no right to seek compensation for any medical bills.
To reiterate, even though you feel fine, don’t say so. Insurance adjusters often call early within 48 hours of the crash because they know that certain conditions such as traumatic brain injuries, which are common after car accidents, may not manifest until days later.
If an adjuster asks about your condition, the only safe answer is that you’re currently receiving medical attention and you’ll let them know when evaluation is complete.
2. An apology
- “I’m sorry”
- “I feel bad because I feel I could have prevented it
- “It all happened so fast, I didn’t know what I was thinking”
These are empathetic things to say. But they can instantly sabotage your car accident claim. Never use any of those phrases or anything that sounds like an apology to the insurance adjuster. To them, it’s an actual admission of fault.
In some states, an at-fault party cannot seek compensation, or at best, their claim will be reduced by the percentage of fault they contributed to the accident.
It’s understandable that a lot of emotions are running through you and you probably feel bad, but some insurance adjusters aren’t shy to take advantage of your situation.
To avoid falling victim, minimize your speech. Don’t narrate anything. Only give direct answers to what you’re asked.
3. Speculating about what happened
Stick strictly to what you know when answering questions put forward by the adjuster. Don’t push blame to the other driver, nor should you assume any. Fault in car accidents is established from evidence. During your first call with the insurance company, this evidence has not yet been established.
If any speculation turns out wrong, it can cast doubt on the worth of your words and, by extension, your claim.
To avoid falling victim to speculation when asked a question you’re unsure of, reply with “I don’t have enough information to answer that accurately at this time.”
Don’t say “I can’t remember” as that phrasing equally questions the credibility of your recollection of the event, giving the insurance company room to contest your claim.
4. Your lifestyle and medical history
The insurance adjuster may ask seemingly harmless questions such as:
- How often do you drive?
- How many hours were you on the road that day?
- Have you ever had an accident like this?
- Are you on any medication?
- Do you use glasses?
The plan is to find out if you have any prior health condition that may have contributed to the accident or otherwise impacted the severity of your current situation. When they can establish that all the hurt you’re experiencing right now did not result directly from the accident, they may reduce your payout.
You don’t want to make the job easier for them. When you notice they’re asking questions that feel invasive to your personal space, shut down. Understand that you are not bound by law to answer such questions on the spot.
Only state that an accident occurred, where and when it happened, and that you’re currently receiving medical attention. Nothing more.
5. A recorded statement
The adjuster can request to record your statement. Worst thing is, they’ll word it like a standard procedure, something every personal injury claimant does. But it’s not.
You’re not required by law to give a recorded statement to the other driver’s insurance company. While refusal may sound uncooperative, it is a protection of your rights. Let them know you’re receiving treatment and will reach out with more information through your lawyer.
6. That you don’t have a lawyer
The moment you acknowledge you do not yet have a lawyer, the insurance company leverages the opportunity to pressure you into making costly mistakes or accepting a settlement offer.
They know you’re not experienced in these matters; you probably don’t know what amount is fair or unfair. And once they can get you to say something that can hurt your claim, you don’t have the legal framework to defend yourself.
Instead, tell the adjuster you have an attorney, and you’ll be reaching out through them.
This compels them to act more reasonably, knowing you have legal protection.
Then quickly consult with a car accident lawyer in Boca Raton if you haven’t already done so. Their experience in dealing with bad-faith insurance companies can prove helpful in obtaining an outcome that’s fair to you.
The key takeaway
When the insurance company calls after a car crash, keep the conversation short. Confirm that the accident occurred, the location, date, and time. Let the adjuster know that you’re receiving treatment right now and will get back to them after consulting with your attorney.
That’s all. Say nothing more. You’re not required by law to answer any further questions, even though they say so. They’re only looking out for their company. And you have the right to look out for yourself.
This content is provided for informational purposes only and is not a substitute for professional advice. AFP editorial staff were not involved in the creation of this content.
Share
