Car Insurance Claim Do's and Don'ts: How To Protect Your Legal Options

Experiencing a car crash is bad enough. It doesn’t help that you now may have to deal with insurance adjusters, medical treatment, and legal questions.

You’ll likely be relieved to learn about insurance coverage for expenses and losses resulting from the accident. Even though you might be working with your own insurance provider, it’s important to understand that their goal is to pay as little as possible on all claims. They’ve become quite adept at minimizing payments, so you need to know how to protect yourself. It’s important to be thoughtful and strategic in your communications.

In this article, we review both what to say and what not to say when reporting a car accident to insurance and throughout the claims process. We’ll also provide you with tips to help you avoid costly mistakes people make with insurers after an auto accident.

If you’ve been in a crash involving injuries, disputed fault, or considerable property damage, consider contacting a car accident attorney before you reach out to the insurance company. Your attorney’s job is to protect your interests. An experienced advisor who’s well-versed in the techniques used by insurance companies can be invaluable when dealing with insurance adjusters.

Let’s start with what to do right after a car accident.

What To Do After a Car Accident

After a car crash, you’ll want to get a police report. This official document helps protect you by providing an unbiased account of the incident. It includes important information like road conditions, vehicle positions, and witness statements.

If you’ve already left the scene without an accident report, contact the local police department to check whether you can get an after-the-fact report. Some localities give you several days to obtain one, but this varies by jurisdiction.

Likewise, it’s a good idea to get checked out by a medical provider even if you think you’re okay. Many symptoms from car accident injuries don’t show up right away. Seeking medical attention soon after the accident helps create a record that links potential injuries to the accident. This can be invaluable for personal injury claims.

If you’re concerned about medical bills, your attorney may be able to connect you with providers who will treat you on a lien basis, meaning they wait for payment until your claim settles. Be aware that this may give the provider a legal claim to part of your settlement.

The claims process begins when you first report the incident to insurance.

Reporting the Accident to Your Insurance Company

You’ll need to report the incident to your own insurance company soon after it happens. You may deal with two different insurance companies after an accident: your own insurer (a first-party claim) and the at-fault driver‘s insurer (a third-party claim). Your obligations and rights differ depending on which company you’re dealing with.

If at all possible, try to speak with an attorney beforehand. They can help guide you on what to say and what not to say when you first report the accident. The exact amount of time you have to notify your insurer varies by car insurance policy.

Whether you report the accident online or via a phone call, you’ll want to avoid giving a recorded statement until you’ve spoken with a lawyer. While a recorded statement may seem harmless, it can be used against you and hurt your claim. It’s fine to tell the insurance company that you need time to gather your thoughts or talk to your attorney first.

You will need to provide your insurer with the basic details of the accident. Try to follow these guidelines:

• Stick to the facts and necessary information
• Avoid guessing about the extent of your injuries
• Don’t speculate about fault or admit any blame
• Limit personal details

If you’re seeking medical treatment for your injuries, the insurance adjuster assigned to your case may ask for your medical records or a medical release to review your treatment. Only sign releases that are limited to the accident-related treatment.

You are not required to share your full medical history, including details about pre-existing conditions. Insurers often use this information to minimize your personal injury claim.

What Do I Have To Share With the Insurance Company?

Certain information is necessary for the insurance claims adjuster to process your claim. Here’s what you should provide:

• The police report
• Basic contact information for the other driver, like phone number/email
• The other driver’s insurance company and their car insurance policy number

This information is required to move the claims process forward. Don’t disclose more than necessary.

Your insurance policy likely includes a “duty to cooperate” clause, meaning you must provide reasonable information to your own insurer or risk having your claim denied. That doesn’t mean that you can’t be strategic about how and when you provide detailed statements, especially about injuries or fault.

Risks of Oversharing With Insurers

Insurance companies are businesses. Their goal is to make as much money as possible, and minimizing payouts is a common method they employ. Oversharing can hurt a personal injury claim in several ways:

• Pre-existing conditions: If you mention a pre-existing condition, the insurance company may argue that the accident didn’t cause your injuries
• Medical history: Sharing your full medical history can provide the insurance claims adjuster with ammunition to deny or reduce your claim
• Quick settlement offers: Accepting a quick settlement without legal advice often leaves victims with an insufficient amount of money to cover medical bills, lost wages, and long-term pain and suffering

Insurance adjusters, even those working for your own company, have a professional obligation to minimize claim payouts. Be courteous but cautious.

If the at-fault driver‘s insurance company contacts you, you don’t have to speak with them. Instead, refer them to your car accident or personal injury attorney.

Protecting Your Interests

Dealing with insurance after a car accident is complicated, and the claims process can be confusing for injury victims. Auto insurance adjusters, on the other hand, deal with personal injury and property damage claims on a regular basis. They look out for their bottom line and engage in strategic practices to keep payouts low. Perhaps no one is as familiar with their techniques as an experienced car accident lawyer.

When you’re injured in a car accident, the amount you end up with from insurance will depend on the strength of your personal injury case. A solid attorney knows how to gather compelling evidence to build your case and present it to either your or the other party’s insurance company.

While the underlying alternative is to pursue the case as a legal matter, these lawyers tend to be skilled negotiators. They can help you establish that you are serious about your claims, know the damages to which you’re entitled, and won’t settle for less than you deserve.

A personal injury claim from a car accident should cover far more than just your medical bills. It may include damages for lost wages, pain and suffering, future medical expenses, and other related costs. 

When you deal with the at-fault party’s insurer or your own, no one is looking out for your interests. All too often, injury victims accept the first lowball settlement offer. For these reasons and others, many car accident attorneys who specialize in personal injuries offer free case evaluations to give you an idea of whether they can enhance your potential payout.

Talk to a Lawyer

If you’ve been hurt in a car accident, especially if it involved serious injuries or a loved one‘s wrongful death, it’s highly advisable that you at least consult an attorney as soon as possible. Understanding your rights and the type of compensation you are entitled to receive is crucial.

Personal injury claims also have strict time limits (statutes of limitations) that vary by state, typically ranging from one to six years. This is another reason to consult an attorney promptly.

Many people who need a legal consultation find themselves unsure of where to turn or who to trust. FindLaw has curated and made publicly available a directory of qualified car accident and personal injury lawyers. You can click on your location to find information about local legal professionals.

Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if you recover compensation. This makes legal representation accessible even if you can’t afford upfront legal fees.

Review their ratings. Check out their experience. Be selective. However, move swiftly so you can benefit from legal guidance before making costly, yet common, mistakes.