subject: Should I Talk To The Other Insurance Company After An Accident? [print this page] If you decide to make a claim seeking damages from an at-fault driver's insurance company, you can be sure that they will try to contact you shortly after. While this may seem like a typical part of the claims process, you need to understand that the purpose of their call is to get information to use against you in the future. Because of this, I strongly suggest that you seek an attorney's advice before talking to the other insurance company. Just like any other business, insurance companies seek profit first, and will do what they can to lower or deny your claim. You are under no obligation to speak to the other insurance company, or provide a recorded statement, so seek out a free consultation from a personal injury attorney after filing a claim.
Insurance companies use what I like to call the "3 D's," which are delay, deny, defend. The delay tactic is used either to frustrate someone filing a claim, or to string it out so long that it passes the statute of limitations. Their hope is that you will become sick and tired of fighting the claim, and eventually give up. Be sure that you do not let the statute of limitations pass before deciding to fight your claim, though. In Washington state, this is three years, so if you are getting close to this line, make sure you seek out the advice of an attorney immediately.
The second "D" is deny. Insurance companies make their big profits by denying claims. The most important reason to not talk to the other insurance company before consulting an attorney, is because you may say something that will make this easier on them. Immediately following an accident, it is difficult to fully comprehend the situation and the extent of your injuries, and you may say something you do not necessarily mean. If the insurance company is recording this conversation, they will be able to use your mistakes against you.
The third "D" is defend. When you hire an attorney, the insurance company will know that you are serious and will bear down and fight the case. They have lawyers retained on their staff for this very reason. They are already paying these lawyers, so it does not cost them anything to do it, which is why it is so important that you have an experienced personal injury attorney on your side. Keep in mind that if you talked to the insurance company early in the process without the advice of an attorney, their lawyers will break down what you said for all it is worth.
Because the consultation will be free, there is nothing to lose by seeking out initial advice from a personal injury lawyer. As I do with my clients, an attorney will be able to tell you whether or not you have a viable case and become the main point of communication with the insurance companies so you won't have to.
by: Jason G Epstein
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