If you have been in an auto accident — regardless of who may be at fault — you should be extremely careful with how you discuss the incident with your insurance company. In fact, you will want to generally avoid giving them any information other than what already exists in official records.
Even in instances where you are positive that someone else was at fault and that your insurer will not end up paying, you do not want to be disclosing any more information than you have to. Doing otherwise could cause your information to be twisted against your best interests, especially in the first few days and weeks after your accident. You will also want to work with an experienced car accident injury lawyer in San Francisco to help guide your case strategy, including what and what not to disclose.
To protect your best interests and ensure you do not say something you regret, here are the most important things to tell your insurance agent after a wreck.
The First Few Days After an Accident: “…” (Nothing)
Most insurance policies give you a few days of leeway to report an incident. Make use of this time! Give yourself at least 12 to 24 hours after the accident to contact your insurer so you can calm your nerves and collect your thoughts. You will be shaken immediately following an accident, and more likely to make an inaccurate or harmful declaration.
“I Was Involved in a Collision…”
When ready, notify your insurer that a collision occurred and that you were involved. If you are speaking to your car insurance carrier, then disclose whether or not your vehicle was involved in the collision and whether you were driving at the time. You can reveal the date and approximate time frame of the accident, but be general rather than guessing specifics that could change later.
You can also disclose:
- Names of any other drivers or individuals involved
- The owner of any other cars involved, if different from the above
- Names and addresses of any passengers with you at the time
- Model, make and year of any vehicles involved
- Names and address of any witnesses to the accident
Decline to give any specifics beyond this information! Say that they can obtain all known details from the police report. Definitely, do not guess as to who was at fault or describe your own personal driving actions taken at the time of the accident. Let them read details like these in the police report for themselves. If they press you for information, say that it can only be revealed at the appropriate time pending an ongoing investigation.
Recognize that everything you say will be recorded and technically on the record. The more specifics you give and the more you speculate or discuss your opinion, the higher the chance that something you say could be twisted against your best wishes. Although your insurer will work hard to subrogate your claim and receive funds from an at-fault driver’s insurance policy, they may also be looking for ways to get out of paying any claims at all by alleging you were negligent.
“I Am Seeking Medical Treatment…”
Do not say that you are injured, that you are not injured, or speculate on any diagnoses or prognoses (likely medical outcomes) in any way. Just state that you are seeking medical treatment for possible injuries and that the results of any examinations or related documentation will be shared with them at the appropriate time.
The last thing you want to do is say that you think your injuries might not be severe or something to that effect. It is not your duty to analyze your medical condition or guess as to your likely outcome. Leave that to medical professionals.
“My Car Accident Injury Lawyer and I Will Be Able to Share More Details as Our Personal Investigation Proceeds. Until That Time, I Have No Official Statement to Make Regarding the Incident”
While the above might seem like a mouthful, it should be the sentiment behind most of your statements. Remember that the more information you give, the narrower your possible arguments become, and the greater the risk that you will contradict earlier statements or known facts.
Let the police report and your medical documentation do the talking for you. Decline to make small talk or describe your opinion on matters in any way. Definitely decline to make a recorded statement, since someone can potentially twist even the most innocent declaration. Do not accept any early settlement offers or payments of any kind.
Instead, contact an experienced car accident injury attorney in San Francisco to represent you and help you strategize how you will handle your insurer. With an attorney’s guidance, you can know exactly what to say and what not to say while preparing your case with the strongest evidence possible.
Begin strategizing your approach today by contacting us, and you will receive a free consultation for your case.
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