4 Questions Insurance Companies Will Ask You After A Car Accident And How You Should Respond!
If you’re involved in a car accident, you have an obligation to exchange insurance information with the other driver and call your own insurance company to notify them about the crash. The other insurance company may call you quickly after being notified about the crash by their customer; your own insurance company may also call you back to get more information.
The way you handle the calls with insurance companies after a car accident can affect your ability to recover compensation for injuries you sustained in that accident down the road!
Here are 4 questions you should expect to be asked, and how* to respond to them in a way that protects your legal rights and interests.
*Note: This blog is purely educational and is not intended as a substitute for legal advice – speaking with an attorney is the only way to get reliable legal guidance tailored to your unique situation
1 – “Hi, My Name Is {}, How Are You Doing Today?”
What It Sounds Like:
Insurance adjusters will always sound like friendly, compassionate people who are extremely sorry you were in a car accident and want to help….
What It Actually Means:
….but they work for the insurance company – not you! The insurance company loses money by paying out claims to accident victims, so these adjusters are trained to minimize losses. They will use a variety of tactics to try to devalue or deny your claim, even using your own words against you.
How You Should Respond:
DON’T respond with the standard “I’m good, how are you?” or “Fine, thanks”, even if you just mean it politely. That may give them reason to say that your injuries aren’t as bad as you are claiming. Instead, you can say something along the lines of “I’m recovering,” or “It’s been a tough few hours/day/week”, or even dodge the question politely and say “Hi {}, are you calling in regards to the accident?”.
2 – “Can You Give Us A Statement About What Happened?”
What It Sounds Like:
Whenever an insurance adjuster asks to hear your side of the story, or asks you to go on the record and say what happened after a car accident, it seems completely reasonable; after all, they need to know how the accident occurred so they can make sure that they have the right information about the collision, right?
What It Actually Means:
Insurance adjusters are trained to find flaws in your story and ask certain leading questions that may end up with your recorded statement being used against you later.
For example, they may ask you how you were injured in the crash, how you are feeling now, and what the extent of your injuries are. However, they may be asking you this soon after the accident, maybe even as soon as a few hours after the crash or the next day; you may not have had time to go see a doctor yet and find out exactly how bad your injuries are, and some injuries can take days or weeks to present themselves. Or they may ask you questions about a certain injury you mentioned (such as your back) but give you no time to explain you also have a neck injury.
If you say anything about the accident that incriminates you, even if you didn’t mean it that way, the insurance company can use it against you later to devalue or deny your claim for compensation.
How You Should Respond:
You have no obligation, legally, to give the insurance company a recorded statement after a car accident (even if they make it sound like you have no choice – you do!). You can politely decline. You can say “I actually don’t want to provide a recorded statement at this time”, or if pressed, “I would like to get legal advice before giving a recorded statement” (note that if you say that, they will likely try to dissuade you from contacting an attorney). Know that “no” is a full sentence! It is in your best interests not to give a recorded statement.
3 – “Can You Sign A Medical Authorization Form For Us?”
What It Sounds Like:
When you are asked to sign a medical authorization form, it may seem that you need to sign one so they can see your medical bills related to the collision and pay them out in a claim.
What It Actually Means:
That is NOT what is happening, unfortunately. If you sign a blanket medical authorization form after a car accident, and it doesn’t have limits, the insurer will use it to search your medical records for your entire life. They will look for evidence of pre-existing conditions and prior injuries to try to argue that the accident didn’t cause the full scope of your current injuries.
How You Should Respond:
You aren’t legally required to give the insurer access to your medical records from before the crash, and it could hurt your case if you do. It’s best to politely decline – say “I don’t wish to provide medical authorization at this time”, or “No, thank you, I am not going to be signing a medical authorization form.” They will try to explain why you should sign and may even threaten that your whole claim will be in jeopardy, but they aren’t telling you the whole story. You can speak with an attorney later about modifying what medical records they receive.
4 – “Can You Sign This Claim Release Or Give Us A Verbal Claim Release?”
What It Sounds Like:
Many times, insurance adjusters will offer to give you compensation quickly in exchange for you agreeing that your claim has been settled and you won’t pursue additional injury claims for your injuries in the future. This, again, sounds reasonable on the surface; if you settle with them and get paid, obviously they need a legal way to protect themselves from people (not you!) who would sue them again and again for the same injuries.
What It Actually Means:
Signing a release – essentially, signing away your right to take further action isn’t advisable, though, regardless of the circumstances, and especially if you haven’t talked with a local auto accident injury lawyer yet.
When insurance companies settle with you quickly after a car accident, they are likely lowballing you – not giving you the full amount your injuries are actually worth. If you haven’t spoken with a lawyer, you have no way of knowing what your claim is worth. There may be other medical treatment you need or your injuries may worsen, so, you shouldn’t settle and give up your right to pursue the compensation you are actually entitled to!
How You Should Respond:
If you have already agreed to a settlement (verbally), you can say “Actually, I’d like to think about it further before signing anything”, or “Actually, I’d like to discuss this matter with my lawyer before signing anything”, or something along those lines. If you haven’t signed anything, you still have rights, and it’s well worth your time to explore those first!
Need To Talk With An Auto Accident Attorney About Your Next Steps After A Car Accident? Call The Florida Law Group!
Before you talk to an insurance company, talk to us! Our experienced, aggressive auto accident injury lawyers are only looking out for you (if we take your case, we aren’t paid legal fees unless we win a settlement for you, so you can trust our motivations – unlike the insurance adjusters!). We can explain your legal rights, accurately value your claims, and instruct you on how to interact with insurance companies going forward as we work to resolve your claim. We’ve recovered over $1 billion for our clients! Call The Florida Law Group today to schedule a free consultation.
