If you have recently been involved in a car accident, you’ll likely receive a phone call from the other driver’s insurance company, regardless of who was at fault for the collision. If this happens, you may wonder whether you should speak to them. It’s important to be cautious about the type of information you share with them, as it could hinder your ability to recover the compensation you are entitled to for your damages. Please continue reading to learn how to handle this situation and how our knowledgeable Morris County Personal Injury Attorneys can help you fight for the justice you deserve.
Anytime you are involved in an incident that may trigger coverage under your car insurance policy, your contract with your insurer requires you to notify them within a reasonable time frame and cooperate with their investigation into the accident.
Following a car accident, it’s important to understand that you are not legally required to speak with the other driver’s insurance company. This means, regardless of who is at fault for the collision, you are under no legal obligation to speak to the other driver’s car insurance company.
The first time you will be contacted by an insurance adjuster from the other driver’s insurance company will likely be fairly soon after the collision. They may initially come off as friendly. However, they are not reaching out just to check in to see how you are doing. They will use various tactics to exploit your vulnerable position in an attempt to disprove your claim and deny your claim against their policyholder.
One of the most common tactics insurers will use when a claim is filed against their policyholder is to offer a settlement far below the true value of the damages. Unfortunately, these companies understand that those injured in accidents often have accumulating bills and are eager for relief. As such, they may extend a lowball offer in the hopes that you are desperate to obtain any amount of compensation. However, accepting an initial, low offer can leave you struggling, as it does not reflect the true damages you’ve suffered.
Another common tactic insurers will use is to intentionally delay the progress of the claim. This is often done in the hopes that the statute of limitations, which is two years in New Jersey, will expire before the claim is closed. As such, it is in your best interest to file a claim as soon as possible under the guidance of an experienced Morris County car accident attorney.
Insurers may dispute the severity of your injuries, the true cause, and the necessity of treatment in an attempt to reduce the compensation you are owed. As such, seeking immediate medical care following an accident is critical to establishing care and obtaining an official, detailed medical report.
Insurance companies will often take your statements out of context and manipulate them to reduce your compensation. They will also frequently ask leading questions, like “You feel fine now, correct?” or “Your ER visit was precautionary, right?” as a way to downplay the severity of the accident and your subsequent injuries.
If you choose to speak to the other driver’s insurance representative after an accident, which is not recommended, it’s important to stay calm, cool, and collected.
In the event you are asked to provide a recorded statement to the adjuster, you should politely decline. You have no legal obligation to do so, and saying the wrong thing can decimate your claim.
You should not say anything that can be viewed as an admission of fault in the collision. Even small, speculative statements like “I’m sorry,” or “I didn’t see them,” can be used to shift blame for the accident onto you under New Jersey’s comparative negligence statute.
You should NEVER sign the following legal documents without consulting an experienced Morris County attorney first:
Insurance companies will often direct you to use their preferred autobody shop, as they often have contracts with these locations. Using this shop can result in reduced estimates and thus, lower quality claims. You have the right to go to your own repair shop.
In the event you are contacted by an insurance adjuster following an accident, there are some steps you can take to protect yourself.
You should obtain:
If you choose to speak with an adjuster, which again, is not recommended without first consulting a Morris County auto accident attorney, you should limit your statements to the basic answers, like your name, insurance information, and confirmation of the accident. You should not provide answers regarding injuries, pain, fault, or damages.
The best course of action when contacted by an insurance adjuster is to direct any questions to your attorney. This will prevent you from saying anything that can jeopardize your claim.
If you have suffered injuries due to the negligent actions of another driver, working with an experienced attorney is critical. At Lutz Injury Law, we are prepared to help you fight for the best possible outcome. Connect with our dedicated legal team today to learn how we can help you navigate encounters with insurance adjusters and fight for the funds you need to get your life back on track.
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