Key Takeaways
- You are not legally required to speak to the other driver’s insurer.
- Doing so can hurt your claim.
- Always speak to a personal injury lawyer first.
- Azizi Law Firm offers free consultations for LA accident victims.
When you’re involved in a car accident, you will need to alert your own insurance company about this incident as a condition of your coverage, regardless of whether you are at fault or not. However, many car accident victims wonder if they need to speak to the other driver’s insurance company.
Before you take the next steps to file your car accident claim, it is best to speak with a Los Angeles car accident lawyer to discuss the specifics of your insurance claim. Azizi Law Firm is a team of local attorneys who represent injured victims in these scenarios. In this blog post, we discuss what you need to know about communications with the other driver’s car insurance company.
Are You Required to Speak to the Other Driver’s Insurance Company?
What California Law Says
California law states that you do not have to speak to the other driver’s insurance company. The insurance adjuster for the other insurance company may try to tell you otherwise, though the only obligation you have is to notify your own insurance company of the crash.
Difference Between Your Insurer and Theirs
Your own insurance company requires your cooperation after an accident. The difference here is that you are bound by your contract of coverage, and failing to inform them of your auto accident could jeopardize your policy.
When You Should NOT Talk to the Other Driver’s Insurance Company
At some point, you will need to deal with the other driver’s insurance company, particularly if the other driver was at fault. However, there are certain times when you should not talk to the other insurance company.
If You’re Still Receiving Medical Treatment
If you’re still getting medical care, your health comes first. Additionally, you can’t file a claim for injuries if you don’t know the extent or impact they will have.
If You Haven’t Spoken to a Lawyer
Protect your rights by speaking with a car accident lawyer first. You may not think you need a personal injury lawyer but having an advocate will prevent you from being falsely blamed.
If You’re Asked to Give a Recorded or Written Statement
Never make a recorded statement without a personal injury lawyer’s representation.
If You’re Unsure About Fault
When the other driver’s insurance company calls, you should not speak with them about the car accident if you have doubts about who is at fault.
Should I Talk to the Other Insurance Company? When You Might Consider Speaking to Them
You Have Legal Representation
After a car accident, the other driver’s car insurance company will need to be in touch if you are filing a claim against their policyholder. When you have the representation of a legal professional, your attorney can speak on your behalf with the other car insurance company while protecting your rights.
The Conversation is Strictly Limited to Basic Facts
If you do speak to the other insurance company, stick to the facts when talking to the insurance adjuster. Do not speculate or provide additional details, especially without a lawyer present.
Your Lawyer Has Approved the Call
An experienced lawyer can help you know what to say to the other driver’s insurance company to prevent you from being falsely blamed.
What to Do If the Other Driver’s Insurance Company Contacts You
What to Say (and What NOT to Say) to the Other Driver’s Insurance Adjuster
When the other driver’s insurance company reaches out, never engage in casual conversation as it could be used against you. Instead, you should direct the other insurance company’s representative to speak to your attorney.
Sample Script for Refusing a Statement When the Insurance Company Calls
If the insurance company for the other driver is on the line, you should remain polite and keep things brief. You can tell the other party’s insurance company to speak to your car accident attorney.
Simply say something like, “I decline to give a recorded statement or written statement about this motor vehicle accident at this time. I have obtained representation through (name of your auto injury attorney) and you can contact them about this matter.”
If the motor vehicle accident injured you and you do not yet have an attorney, ask the representative for the contact information of the other driver’s insurance company. Then let them know that you will have your personal injury attorney get in touch.
Letting Your Attorney Handle Communication
When you have car accident injuries, it is important to do things right or you may get some of the blame for the accident. Follow your attorney’s advice on what to do and let them take over to help you secure fair compensation.
The Dangers of Accepting a Quick Settlement Offer
Why It’s Often Too Low
The claims adjuster knows that you want to put this traumatic event behind you as soon as possible. They’re looking out for their own interests and will not typically include all of your damages in the settlement. You may get some of what you need for your medical bills, but if you have lost wages, need future medical treatments, or have suffered extensively with mental anguish, pain and suffering, and loss of enjoyment of life, these losses will not be factored into the check.
How Adjusters Try to Minimize Payouts
The other driver’s adjuster will try to get you to make a recorded statement or ask leading questions so you’ll admit fault. This will lower their financial responsibility. While California follows a pure comparative negligence rule that allows you to recover compensation even if you’re up to 99% at fault, your award will be dramatically reduced.
Risks of Settling Before Knowing the Extent of Your Injuries
Even if you seek medical care immediately after the accident occurs, the full extent of your injuries may still be unknown. You may risk losing the full amount you deserve.
Why Having Legal Representation Changes Everything
Protecting Your Best Interests
While you are not legally required to hire a lawyer, the attorney-client relationship is one that provides advocacy for victims’ rights in these circumstances. You may have already gone into debt treating your injuries, and your lawyer will present the medical records, police report, expert witness testimony, and other evidence to create a strong case strategy.
What a Car Accident Lawyer Does Behind the Scenes
If you were seriously injured at the accident scene and couldn’t gather information, your attorney steps in to investigate and gather evidence. They file all the paperwork required by the deadline and negotiate using the evidence as leverage to secure compensation.
Leveling the Playing Field with Insurance Companies
Insurers have all kinds of tricks they use to weasel out of a fair settlement. They also have a team of litigators backing them up, and when you have your own legal counsel, you’re leveling the playing field.
How Azizi Law Firm Helps You Handle Insurance Company Pressure
We Handle All Communication
Remember, you have no legal obligation to speak to the other insurer, but if the other driver caused the wreck, they will need to be involved. We will take over all communications on your behalf.
We Build a Strong Claim with Evidence and Documentation
The injured party needs to prove negligence to hold the other party liable. We make sure to have the evidence to back up your claim.
You Focus on Recovery While We Handle the Insurers
You’ve been through enough stress from the accident and the physical injuries, mental impacts, and financial burdens it has caused. Let us take over your case so you can heal.
Free Consultation with an LA Auto Accident Attorney
Learn more about your legal options by scheduling a comprehensive case evaluation with the attorneys at Azizi Law Firm. This initial meeting is free and gives you the chance to learn about your rights after a crash.
FAQs
What if I already talked to the insurance company?
If you already spoke to the other insurer, don’t panic. Instead, talk to our legal team in a consultation that is confidential. Our attorneys typically respond quickly and will be able to help you learn how to proceed.
Can I retract a recorded statement?
Once recorded, a statement becomes part of the permanent record of a claim. Since you can’t take it back, be sure to contact an attorney and discuss the specifics of your case to protect your rights.
What if the other driver lied about how the accident happened?
If the other driver lied, then the evidence you present will prove their deceit. Finger-pointing is common in accidents but traffic camera footage and surveillance from nearby businesses can be used to show the truth. Your attorney will contact witnesses and hire expert witnesses, such as accident reconstructionists, to prove that the defendant lied about how the accident occurred.
