Is the Black Guys Teeth Signing Here We Go Again in the Geico Commercial Real
I was in an automobile accident and my car was totaled. It was the other driver's fault. How should I deal with their insurance company?
Curt reply: you don't.
Many experts would advise you confronting speaking with the other person's insurance company. While you do need to telephone call your ain car insurance company to report the accident, you are nether no obligation to talk to the other driver's insurance carrier.
The all-time way to deal with the other insurance carrier in most serious car accidents is to consult with a personal injury chaser. He or she volition deal with them.
Why should you lot practise that?
The other driver's insurance company isn't looking out for yous. (Run across how to tell when you need a lawyer.)
The other insurance company isn't your friend
Insurance companies e'er have a financial interest in protecting the interests of their customer. And of course, they accept an interest in protecting their own financial interests. They correspond both interests by doing two things as much as they can:
- Denying the maximum number of car blow claims outright.
- Negotiating the lowest possible settlement possible on other auto accident claims.
This boils downwardly to the following: to reduce claims they pay, the insurance company must deny claims made.
Most auto accident victims aren't insurance adjusters or attorneys.
The insurance adjuster knows that. Yous're on their home field and it's their rules. They volition use their superior knowledge of the insurance claims game against you lot.
Why it's risky to talk to other insurance companies
By talking to the insurance adjuster for the other driver, there is a good chance that you are mucking up your ain example. That insurance company will endeavor to use any yous say confronting y'all subsequently in the claim, whether it was your mistake or not. Insurance adjusters are very well trained to use what you say confronting you.
Look, there is no legal requirement for yous to cooperate or talk to the other insurance company.
But this volition rarely or ever end that insurance visitor from trying to contact you. If they do, it's a proficient thought to not have the call and to talk to an attorney.
When you do speak to anyone almost the accident, note the details of your conversation in your post-accident journal (link opens printable PDF form).
They will desire to record you
If you talk to the other commuter's insurance company, the adjuster volition probably desire a recorded statement. The adjuster volition chat you up in a very friendly way, and say something like:
'We can really speed upward the claims procedure if you provide a recorded statement.'
Enjuris tip: If you lot do talk to the other driver's insurance adjuster and they want to tape the chat, practice not do then! You definitely should talk to a personal injury chaser.
A recorded statement may be very damaging. Sometimes, your statement may actually show that you do not have a valid accident claim. If you don't have a claim, your injuries and holding harm are on you.
The bigger problem is that a recorded argument tin can be used to undermine a legitimate accident claim. Here'southward some sneaky ways they might practice that:
- The insurance adjuster volition look at the argument y'all give them with the statement you lot gave the police. They as well volition read over the argument yous would make if the example involves a lawsuit. If they spot whatever inconsistencies in these statements, the claim might become denied. It's not unusual for a person to tell the accident story slightly differently if he gives it four or five times over iii months.
- Adjusters will frequently ask you tricky questions that tin can make you reply in a fashion that hurts your claim. Occasionally, an ambitious adjuster may push y'all to agree to facts that you don't know are authentic. You might get annoyed, and say, 'I judge then,' to get the guy to leave you alone. That could hurt your example big time.
- If your car accident case goes to trial, the defense tin can use your recorded argument to the insurance company to cross examine you. That could have been months agone, and heck if you can remember what you said. Whatsoever contradiction you brand with your previous statement can exist very damaging. A expert defense attorney will highlight the discrepancy for a jury and make hay out of it.
Let's be fair: Non every insurance company will play games with you on the phone. Just if they do try to undermine your example, it can actually spiral things upwards.
See the steps to an insurance claim settlement to go an idea of the overall process.
Enjuris tip: If you lot feel y'all were mistreated by an insurance adjuster, you should report it to your state's section of insurance. Find your state'southward insurance department at the National Association of Insurance Commissioners.
Yous don't know your whole medical situation
If you had a serious car accident and had major injuries, your total medical diagnosis may not be consummate. You could give an inaccurate portrayal of your injuries.
That's why insurance adjusters are notorious for trying to go on the telephone with car accident victims ASAP. They desire to get a good idea of what the case likely is worth. This is known equally a 'reserve value.'
One time the adjuster has the reserve value in mind, good luck getting a settlement higher up that corporeality. If y'all talk to them without an chaser, y'all could give out inaccurate information that sets an artificially low reserve amount.
That boosts the odds that a lawsuit will take to be filed. Which means y'all could have to wait months to get paid. If you win. If you lose, you get zero.
There are exceptions where you may talk
Nosotros're talking car accidents and insurance companies, so there are exceptions.
If you have a minor motorcar accident, the other driver is 100% at fault and information technology is clear, you lot might talk to the other adjuster to get the matter settled fast. Y'all might consider doing and so if the constabulary report states the other commuter caused the wreck. If the other driver was cited past the police – even amend.
Enjuris tip: If your car blow was minor and injuries are minor, maybe yous don't need an chaser. Read this Enjuris article for tips on when you lot don't need an attorney.
Just if your accident and injuries involve any of the following, get a personal injury chaser involved:
- Broken bones, stays in hospitals, long term health consequences
- Medical treatments more than $2000
- Missing more than a day or two of work/schoolhouse or normal activities
- Any dispute most who was at error
- Several people were injured
- Insurance companies are playing rough
You do need to give a argument to your own car insurance company
As we noted earlier, you lot do have a contractual obligation to cooperate with your car insurance visitor.
Your insurance policy may incorporate language that requires you to give a recorded statement if the adjuster requests it. If they practice ask, you tin can ask the adjuster to tell you lot the verbal language in the contract that requires it.
Think that your ain insurance visitor can potentially have a position against you. So, you should think very carefully about every fact you lot give in a recorded statement to your insurance carrier.
But many experts would advise y'all to non requite a recorded statement to any insurance company at all without the advice of a personal injury lawyer.
Get in impact with a personal injury attorney today if you aren't sure almost dealing with either insurance company. Our handy law firms directory can assist.
Source: https://www.enjuris.com/blog/questions/handle-another-persons-insurance-company/
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