What Should I Not Tell My Insurance Company After an Accident?

November 28, 2023 | Gary Annes
What Should I Not Tell My Insurance Company After an Accident?

When other people drive carelessly and negligently, the chances are good that they will cause a serious accident that leaves other drivers and passengers with debilitating injuries.

If you sustained injuries because of another driver's negligence, consult a car accident attorney in Phoenix as quickly as possible. Your lawyer can pursue monetary compensation from the at-fault driver's insurance company. Additionally, however, your attorney should report the collision to your own motor vehicle insurer, placing them on notice of a potential claim.

What Should I Not Tell My Insurance Company After an Accident

In general, you should let your attorney handle all communications with insurance company representatives, even those from your own insurance company. You should also refrain from telling an insurance company certain information.

Upon suffering injuries in a motor vehicle crash, your attorney can handle all settlement negotiations with insurance company representatives on your behalf and work to secure a favorable settlement offer in your case.

Additionally, if the insurance company does not make you a fair monetary offer, your lawyer can file a lawsuit in the state court system on your behalf and begin to move your case to an efficient and favorable resolution.

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Common Reasons Why Local Car Crashes Happen

Local car accidents may happen for many reasons, but one of the most common reasons is driver error and negligence. In some instances, these collisions happen when drivers ignore traffic laws and regulations, especially those concerning speed limits and rights-of-way.

Whenever a driver speeds excessively or fails to yield the right-of-way to another vehicle at a traffic intersection, they may negligently cause a collision, which leads to severe injuries.

Additionally, some accidents happen when drivers exhibit road rage or aggressive driving maneuvers. Common examples of road rage include excessive speeding and tailgating other vehicles, weaving around busy highway traffic, failing to use turn signals, and cutting off other vehicles in traffic in an attempt to get ahead. Often, however, these reckless driving maneuvers bring about serious accidents and injuries for other motorists.

Moreover, a car accident may occur when a driver operates their vehicle while under the influence of drugs or alcohol. In most circumstances, a passenger vehicle driver is subject to arrest for driving under the influence, or DUI, if their blood alcohol concentration reaches at least 0.08 percent.

Commercial vehicle operators and minor drivers who are under twenty-one years old may have to abide by stricter standards, or they may also be subject to arrest for DUI.

The law imposes harsh penalties on DUI offenders because of the various dangers associated with drunk driving. An intoxicated motorist may experience various physical symptoms, including dizziness and blurred vision, causing them to drive erratically.

Additionally, a drunk driver may experience confusion and disorientation, lack of coordination, delayed reflexes, and delayed reaction time. As a result, they may stop in time to avoid hitting another vehicle or a pedestrian.

Finally, some local car accidents occur when other drivers do not pay attention to the road sufficiently. Many drivers will take their minds and eyes off the road to text and drive, program a GPS navigation device, listen to loud music in their vehicle, comb their hair, roughhouse with vehicle passengers, or discipline small children in the backseat. When drivers turn their attention away from the road, they significantly increase their chances of causing a car accident.

If you suffered injuries in a recent car crash that a negligent driver caused, you need to consult a personal injury lawyer in Phoenix as soon as possible. Your lawyer can go over all your legal options with you and pursue the compensation that you need and deserve via settlement or litigation.

Injuries That Frequently Result From Car Accidents

When other people drive recklessly under the circumstances, they may cause an 

accident, which brings about various injuries and other damages.

The injuries that a driver or passenger sustains in a car crash will usually depend on the type of accident, along with the force of the collision and the accident victim's bodily movements inside their vehicle. The part of the vehicle where the accident victim is seated may also affect the nature and extent of their injuries.

In some car crash scenarios, accident victims suffer permanent injuries that are unlikely to get better over time.

Some of the most common injuries that car accident victims may suffer include neck or back whiplash injuries, traumatic brain injuries, bone fractures, rib fractures, internal bleeding, internal organ damage, spinal cord injuries, open lacerations, bruises, complete and incomplete paralysis injuries, facial injuries, scarring, and death.

If you suffered any of these injuries due to a motor vehicle accident, seek medical treatment right away. 

Doing so increases your chances of achieving a full bodily recovery, along with favorable monetary compensation for your accident-related losses. In addition to consulting with an emergency room physician, you may need to undergo a medical procedure, visit a medical specialist, or attend ongoing physical therapy appointments.

While you get treatment for your injuries, your car accident lawyer can start to handle the important legal aspects of your case, such as gathering evidence to use in your case and assembling a settlement demand package for the insurance company adjuster to review once you complete all your medical treatment.

Potential Insurance Claims After a Car Crash

Following a motor vehicle accident, accident victims might file various claims. In any situation, an accident victim will file a third-party personal injury claim with the at-fault driver's insurance company.

Your lawyer can negotiate with insurance company representatives for the at-fault driver and pursue a favorable car accident settlement offer from them. However, in some situations, the other driver might have been driving without insurance. In that situation, you can turn to your own insurance company for monetary compensation by filing an uninsured motorist claim.

Sometimes, the other driver may have minimal insurance policy limits, but your accident-related injuries and losses exceed that amount. In that situation, you can first exhaust the at-fault driver's insurance policy limits and then turn to your own insurance company for additional compensation. This type of claim is called an underinsured motorist claim.

Both underinsured and uninsured motorist claims are examples of first-party claims. To put your insurance company on notice of a potential claim, your attorney must contact your insurance company about the accident.

Throughout the process, your attorney can handle all dealings with insurance company representatives and take the necessary legal steps to maximize the compensation you receive for your accident-related losses.

Proving a Car Accident Claim

To recover monetary damages as part of a car accident claim, an accident victim must ordinarily satisfy several legal elements. In a third-party claim, they must show that the other driver owed them a legal duty of care, which they subsequently violated.

Common duty-of-care violations include speeding, reckless driving, failing to yield the right-of-way, and other negligent driving maneuvers. Additionally, the accident victim must establish that as a direct and proximate result of the other driver's negligence, the accident occurred, leading to the accident victim's injuries.

In an uninsured or underinsured motorist claim, the accident victim must also demonstrate that the insurance company breached their contract by failing to offer them appropriate monetary compensation to resolve their claim.

A skilled car accident attorney in your area can meet your legal burden of proof so that you can recover favorable monetary damages for your injuries.

What Not to Tell Your Insurer

Following a motor vehicle accident that another driver caused, there are certain things that you should not tell any insurance company, including your own insurer. 

Do not tell your insurance company representative everything because insurance companies are not truly interested in helping you or compensating you fairly for your accident-related losses. Instead, insurance companies want to offer you as little compensation as possible to settle your claim. That way, they can keep most of their money in-house and distribute it to shareholders.

First, you should not make any assessment about fault in any communication with an insurance company representative. For example, you should not indicate that you might have contributed to or caused the car accident. This is because an insurance company adjuster may quickly turn your own words against you as a basis to deny your car accident claim.

Additionally, you should not tell your insurance company about other individuals who may have witnessed your car accident. By doing so, the insurance company may contact those individuals to gain information to deny liability for your accident.

Moreover, after a car accident, you should not make statements to insurance company representatives about the nature and extent of your injuries. For example, you should not tell an adjuster that you sustained only minor injuries or that your injuries were not bad.

By making these statements, the insurance company adjuster may become skeptical about your injuries and use that as a basis to offer you minimal compensation to settle.

You should also not tell an insurance company adjuster that you are willing to accept a particular settlement offer without first talking to a skilled car accident lawyer about your case.

Insurance companies frequently target unrepresented accident victims and attempt to offer as little monetary compensation as possible to settle their claims. However, a knowledgeable car accident attorney will understand the tricks and tactics that insurance companies regularly use and will aggressively negotiate with the adjuster on your behalf.

Specifically, a car accident lawyer can highlight the strengths of your case, downplay weaknesses, and threaten the insurance company with litigation if they refuse to compensate you fairly.

Finally, always refrain from telling an insurance company that you do not have an attorney to represent you yet. Otherwise, the insurance company may offer you a settlement for far less than the actual value of your case.

Car Accident Insurance

Recovering Favorable Monetary Damages in a Car Accident Claim or Lawsuit

If you sustained injuries in a car accident that a negligent driver caused, your lawyer can pursue monetary compensation for your accident-related injuries.

The value of a personal injury claim or loss will depend on certain factors, including the specific circumstances surrounding the accident, the cost of related medical treatment and rehabilitation, and the severity of an accident victim's injuries.

In general, when accident victims suffer permanent injuries (for instance paralysis), as determined by a qualified medical provider, they are more likely to recover high monetary damages in their case.

First, accident victims can pursue compensation for their accident-related past and anticipated medical costs. In addition, if they must miss time from work following a car crash, they may pursue a claim for loss of earning capacity.

Additionally, accident victims may receive compensation for intangible losses relating to their loss of life enjoyment, loss of use of a body part, loss of spousal companionship, mental anguish, inconvenience, past and anticipated pain and suffering, permanent disfigurement or disability, and long-term or lifetime care costs.

Your lawyer can file a claim with the appropriate insurance company on your behalf and aggressively negotiate with claims adjusters to pursue the maximum compensation you need for your injuries.

If you sustained injuries in a recent car accident, speak with a car accident attorney as quickly as possible. This is because car accident victims must file their lawsuit within two years of their accident date. Otherwise, they risk losing monetary damages for their losses.

A skilled car accident attorney can enter an appearance on your behalf right away and file a claim with the appropriate insurance company. Also, if litigation becomes necessary, your lawyer can promptly file a lawsuit within the statute of limitations and litigate your case to efficient resolution.

Seek your free consultation with a law firm near you that handles car crash claims. There is no obligation to hire a lawyer, and they can assess whether you have a valid case.

Gary Annes Author Image

Gary Annes

Partner

Personal Injury Lawyer With Over Twenty Years Of Experience

Gary Annes, a partner at Abels & Annes, P.C., has dedicated over two decades to practicing personal injury law, specializing in auto accidents, premises liability, wrongful death, medical malpractice, and sexual abuse. Since earning his law degree in 1995, Gary has led numerous jury trials, and adeptly resolved cases through arbitration and mediation, securing millions in compensation for his clients.

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