After a car accident, you will likely get a phone call from an insurance company representative, either from your insurer, the other party’s insurer, or both. Before you say anything to them, take a deep breath and think about your actions. What you say to that seemingly-friendly voice on the phone could determine whether you get compensation for your injuries and how much you wind up paying.
Despite what their cheery advertisements claim, insurance companies are not your friends. They do not want to pay you back all the money you’ve paid them over the years. They want to keep as much of it as they can. To do that, they want to find a way to increase the amount you were responsible for the accident.
Georgia follows a modified comparative negligence rule when apportioning fault for an accident. If you are found to be partially at fault, you can recover some of your damages—but only if you are less than 50% responsible. If you are 50% or more at fault, you cannot recover anything.
Things You Can Say To an Insurer After an Accident
You should have your insurance information handy at all times so that if an insurance adjuster calls you, you won’t have to go digging through your files to find it. When it’s time to talk to a representative, here are some things to keep in mind.
- DO remain calm and polite – Even if you are angry at the other driver, fate, or yourself, don’t yell at the insurance adjuster. Stay focused and concentrate on the questions at hand.
- DO confirm the adjuster’s identity – Make sure what company they are working for. Double-check if they represent your carrier, the other party’s, or some third-party carrier you never heard of before trying to cash in.
- DO confirm your identity – Give the adjuster your name and basic information. Let the hard-working person on the other end of the line know they are talking to the right person about the right accident.
- DO end the call if you’re not feeling up to it – If you’re still recovering from the accident, are in a hurry, or can’t talk to an insurance adjuster right now, go ahead and reschedule the call. Nicely, of course.
If you’ve already retained an attorney, you have the right to tell the insurer that you have an attorney, and you’d prefer they speak to that individual. That’s why you get an attorney so that you don’t have to spend all day on the phone with an insurance agent.
Things Not to Say To an Insurer After an Accident
There are a few things you should not say to the agent under any circumstances. Remember, they are trying to find ways not to pay you. Whether it is your own company or the other party’s company, these things can only hurt you if you say them.
- DO NOT admit fault – Do not say anything that would suggest you did anything wrong or could have done anything differently.
- DO NOT provide possible reasons for the accident – This can be an agent’s way of getting you to admit fault. The only answer to “Why do you think the accident happened?” is “I don’t know.” Don’t even try to cast blame on the other driver. You don’t know why it happened.
- DO NOT talk about your injuries – The tendency is to either minimize your injuries (“Oh, I’m fine”) or exaggerate them after an accident. Neither is good when talking to an insurer. If the insurance agent asks, refer them to your doctor.
- DO NOT offer any additional or extraneous information – Insurance agents will encourage you to keep talking to gather as much information as possible. The insurance company could use anything you say to deny or diminish your claim.
- DO NOT agree to be recorded – Agents may ask permission to record the call. If they do, tell them no. If you believe you are still being recorded, hang up.
- DO NOT agree to sign anything – Don’t agree to sign anything. Instead, hire a lawyer to represent you and have them review all documentation the insurance company sends you.
Remember that even your own insurer will be looking to pay the minimum amount they can get away with. Any time they call you, they are looking for evidence that they can use to deny your claim or make it more difficult for you to appeal. You need to prevent them from doing that.
Contact a Gwinnett County Car Accident Lawyer
You should contact an experienced Gwinnett County car accident attorney right away whenever you have an accident claim. You always have the right to have an attorney review any paperwork before you send it to the insurance company and go over any settlement documents before you sign them.
When you hire the Brauns Law Accident Injury Firm, PC, to represent you, we can take care of the documentation that your insurance company demands. One of the primary reasons insurance claims are denied nationwide is paperwork errors. Improperly filled out forms, inadequate documentation, and failing to get physician’s signatures are some of the reasons claims get denied.
The other main reason is simply missing a deadline. Some insurance carriers require that a claim be submitted within thirty days of the accident date. No matter how good your proof is that you were not at fault, your claim will be denied if you miss the deadline. To file a lawsuit against the other party, you often need to show that you have “exhausted your administrative remedies,” meaning that you have tried and failed to go through the insurance company’s claims process.
By letting us manage your claim, you don’t need to worry about missed deadlines and insufficient paperwork. Our team will make sure everything gets in on time and that it comes back to you with time to spare. If filing a lawsuit becomes necessary, we will make sure to do so before the statute of limitations expires. The only thing you need to worry about is getting well. Call us or reach out to us online for a free and confident confidential consultation.
