What Not to Say After a Car Accident

 Posted on September 07, 2022 in Personal Injury

Right after you have been hurt in a car accident, you are left with the unenviable task of battling an insurance company or other liable party trying to get the compensation you need. You can be almost certain that the insurance company will be recording every phone call and ready to use your words against you in any way they can. It is very easy to inadvertently provide them with a sound byte that could hurt your case. These profit-driven companies are not above taking something out of context if it could save them money on a settlement. This is one of the big reasons why conversations with insurance companies are best handled by a lawyer. If all you need to say is, “please contact my attorney,” then there is little chance of having your well-intentioned words thrown back in your face. 

Phrases You Should Never Say to a Car Insurance Company

In general, you will want to avoid saying anything that could possibly be interpreted in a way that reduces the other driver’s liability. Even innocuous phrases can be twisted here. You will need to carefully avoid saying things like: 

• “Sorry” - After an accident involving another driver, it is tempting for some people to apologize to the at-fault driver out of an abundance of politeness. While you - and everyone else - would readily be able to tell that you meant, “it is unfortunate that you were injured,” an insurance company may try to construe it as though you were apologizing for causing the accident. 

• “I am fine” - When the insurance representative asks how you are doing, most people will almost automatically respond with some variation of, “I am okay,” even if that could not be further from the truth. Now is not the time to mince words. Be direct, and say something more reflective of your present reality. “I am in pain,” or “My injuries are stopping me from living my life” would be better alternatives. 

• Any excuse for the other driver - Again, politeness can be a trap here. Avoid saying anything that could be interpreted as letting the other driver off the hook. Do not say, “I am sure she just could not see me,” or “He was not really doing anything wrong.” The insurance company could use this to try to argue that the other driver is not to blame after all. 

Truly, the only thing you should be telling the responsible driver’s insurance company is how to get in touch with your attorney. Make sure they have your lawyer’s name and phone number - then hang up. 

Call a Kane County Car Accident Lawyer

Kinnally Flaherty Krentz Loran Hodge & Masur P.C. knows how to communicate with insurance companies on behalf of injured clients without giving them anything that could hurt the case. Our skilled Aurora car accident attorneys can fight for you to recover the compensation you deserve so that you can focus on your recovery. Contact us at 630-907-0909 for a free consultation. 

Source:

https://www.marketwatch.com/story/what-not-to-tell-your-insurer-after-an-accident-2010-08-13