What do I say to the car insurance company after an accident?
You don’t have to say anything to the other driver’s insurance company after an accident, because you’re not their customer. Bear in mind that whatever you do say to the other insurance company could be misconstrued as evidence that you were to blame for the wreck.
Expect to hear from the other driver’s insurance company fairly soon after the crash, requesting a statement from you. It is recommended you save these conversations for the professionals. If contacted immediately following an accident, Guardian Legal Counsel can handle the claim reporting for you. If you decide to speak with your insurance company or agent to report the claim, stick to the bare facts: where the wreck happened, what kind of car you were driving, give them your license number, and refrain from any speculation. Then, refer more questions to your Florida car accident lawyer. They can help preserve the integrity of your claim and act as your representative in future conversations.
What should I say to MY insurance company after a wreck?
Under Florida law, you must report any traffic collision to your insurance company, even if you weren’t hurt or aren’t planning on filing a claim against the other driver. If you don’t, you may violate your policy’s terms, and your insurance carrier may cancel it. If you’re filing a claim with your own Personal Injury Protection (PIP) carrier, then you must give them a factual statement about where and when the accident happened, who caused it, and how. You’ll also need to submit other documents, like estimates of your vehicle damage and your medical bills, so the insurance company can pay them.
The required processes are outlined in Florida Statutes, and in the language of the insurance policies, which can be complex and ambiguous. A licensed attorney can guide the process, and collect and submit this documentation for you, to protect your interests and ensure you get the full benefits you are entitled to.
Florida car accident negligence laws: What you need to know
If your injuries are serious enough to meet Florida’s definition of “serious,” you can file a lawsuit for damages against the at-fault driver. But, if you contributed more than 51% of the fault for the accident, then you’re barred from recovery, even if your damages exceed your PIP coverage.
Even when you can recover compensation, your settlement will be reduced by the amount of fault you contributed. For example, if your total damages are $50,000, and you contributed 20% of the fault for the wreck, then you’ll receive $40,000, or 20% less than the total value of your losses.
The other driver’s insurance company knows this rule, and so has a vested interest in proving that you contributed the majority of the fault for the wreck. That way, they don’t have to pay you a settlement. Even if it’s established that the other driver (their customer) caused the wreck, the more of the blame the insurer can shift to you, the less it has to pay.
Anything that you say in a statement to the insurer could be twisted to be an admission of fault – even in a rear-end collision. It’s best to let your lawyer represent you in conversations with the other party’s insurance company.
How can an insurance company use my statement about the accident against me?
Insurers try multiple avenues to minimize the amount they have to pay in claims:
Minimizing the severity of your injuries
If you say something like “I think I’m ok” or “I’m just a little sore” right after the wreck, but later are diagnosed with serious injuries, the insurer may use that statement to deny coverage. Some car accident injuries don’t present symptoms right away, such as internal bleeding, hairline fractures, and brain trauma. You may not feel injured in the moments immediately after the wreck, only to be diagnosed with a severe injury a couple of days later.
Shifting a larger percentage of the blame to you
This is a common tactic. If you say, “I didn’t even see the other driver” or “I don’t think I used my turn signal,” the insurer may interpret this as you saying, “I wasn’t paying attention and didn’t signal my intentions,” making you look like a distracted, irresponsible driver.
Another common practice is creating inconsistencies in your account of events. An insurance adjuster compares what you say in your recorded statement to them with a statement you made to the police at the scene, your medical records, and other reports, looking for contradictions. Then, they can use any deviation to question your credibility or claim that you’re not hurt as badly as you say.
How Guardian Legal Counsel can help you deal with the insurance company after a wreck
When you work with Guardian Legal Counsel, we encourage you to refer any communication from the other driver, their lawyer, and their insurance company to us.
We speak on your behalf, always with your best interests in mind. We invite you to call us today for a free case consultation.