After an Alabama car accident, you’ll talk to lots of people. Conversations with insurance companies and their adjusters are some of the most important. Generally, people injured in car accidents due to another person’s carelessness have the right to compensation for their injuries. But saying the wrong thing to an insurance company could give them an excuse to offer you far less than your claim is worth or deny your claim altogether.
The tactics that insurance companies use can make dealing with them a frustrating and complicated process. Fortunately, there are things you can do to give the insurance company the information that it needs while protecting your rights. This article lists five things you must and must not do when talking to insurance companies after an Alabama car accident.
How Insurance Companies Work
They spend millions on catchy slogans promising that you’ll be “in good hands” or that they are “on your side.” But make no mistake: An insurance company is not your friend after an accident.
Insurance companies make money by charging their customers premiums. (The premium is the amount you pay your insurer each month.) However, customers can also submit claims. Claims are requests for payment after an event. Paying a claim costs money, so insurance companies work very hard to avoid doing so. They will look for any reason to deny your claim. Insurance companies can take even a simple, seemingly innocent statement to deny your claim. For example, if you tell the adjuster, “They came out of nowhere!” the insurance company could argue that you weren’t paying attention to the road. Therefore, the accident was your fault, and you deserve no compensation under Alabama law.
You might think that ignoring the insurance company’s calls will solve this problem. Unfortunately, you will have to talk to them at some point. The trick is not to avoid talking to the insurance company but to be very careful when you do.
The Dos of Talking to Insurance Companies
Here are five things you should do when dealing with an insurance company after your Alabama car crash.
DO Notify Your Insurance Company
After calling 911 and getting medical treatment, your next post-accident call should be to your insurance company. Reporting the accident lets the insurance company know they need to open a claim. This claim allows you to access many benefits outlined in your insurance policy.
You must tell your auto insurer about the accident as soon as possible. Most policies require drivers to tell insurance companies about incidents within 24-48 hours of a collision. If you don’t, your claim will almost certainly be denied. Worse, your policy could be canceled. So, you should make a prompt report.
DO Stick to the Facts – and Just the Facts
When you talk to the insurance adjuster, give them only the most basic facts. These factors include necessary details such as your name, contact information, and policy number. If you’re asked about the accident, provide the names of the people involved, the make and models of any vehicles, and the time and location of the crash. They might ask for more, but you don’t have to provide it. (Remember, anything you say can and will be used against you in your claim.) Be polite but firm if they ask for additional information.
DO Choose Your Words Carefully
You should give the insurance company honest, accurate information. But you don’t have to tell them about your medical history, financial troubles, relationship situation, or other personal matters. The insurance company will almost certainly find a way to use even seemingly neutral information against you. So, it’s best to keep these matters to yourself.
Along these lines, if you aren’t sure about a specific detail, don’t let the adjuster pressure you into guessing. For example, if you don’t remember the exact time of the accident, say that it happened “around ten.” If you say 10:01 and the accident happened at 10:03, rest assured that the insurance company will argue that your story is not credible. So, be careful about what you say.
DO Keep a Record of All Communications with the Insurance Company
Keep track of all phone calls, emails, and letters from the insurance company. For phone calls, make a record that includes the date and time of each conversation, the name of the person you spoke with, and a summary of the conversation. Create a dedicated folder for any emails. Save any letters in a safe, organized location. These records can help you if there is a dispute about who said what during the claims process.
DO Talk to an Attorney Before Providing a Statement
Insurance companies often ask injured people to provide them with a written or recorded statement about the accident and how it happened. If the insurance company asks you for such a statement, talk to an experienced Alabama car accident attorney first. Again, insurance companies are looking for reasons to deny your claim, and insurance adjusters are skilled at getting people to say things that will help them deny a claim. But an attorney can help you craft a truthful statement that still preserves your right to compensation. So, if the other driver’s insurance company asks you for a statement, it’s best to talk to your attorney first.
The Don’ts of Talking to Insurance Companies
Our last post covered some things you should do when talking to an insurance company after a car accident. Here are five things that you should avoid.
DON’T Admit Fault or Apologize
Because Alabama law takes fault so seriously, do not say anything to the insurance company that might be construed as an admission of fault. This includes saying things like, “I wish I’d been paying attention.” Even an apology can be treated like an admission. (The insurance company will argue that only a person who caused an accident would feel the need to apologize.) Stick to the facts and let the insurance investigators determine who caused the accident.
DON’T Accept the First Settlement Offer
Insurance companies sometimes make settlement offers. However, these initial settlement offers are usually far too low to cover your medical bills and other costs. (Lawyers call these “lowball” offers.) Insurance companies do this because they want to settle your claim quickly and for the lowest possible amount. They are banking on the fact that you’ll be so desperate for cash that you’ll jump at the opportunity or that you don’t know the true worth of your case. They also know that accepting their offer will close your claim and prevent you from asking for compensation for accident-related losses that occur in the future.
Because accepting an offer will end your claim, you must make sure that any settlement will cover all of your past and future accident costs. Luckily, an experienced Birmingham accident attorney will know how much your case is worth. They can use that information to negotiate a truly fair settlement that covers all your damages, including medical expenses, lost wages, and pain and suffering. So, don’t accept the insurance company’s first offer without reviewing it with your attorney.
DON’T Downplay Your Injuries
We all want to be seen as strong and healthy. So, we all tend to downplay our injuries. But you should never do this with an insurance company. Never tell an insurance adjuster that you are “fine” in the days after the accident. It may take several hours, days, or even weeks for some injuries to appear. It may take longer to get an accurate diagnosis for your condition. But the insurance company will hold you to the first statement because it will make claim denial easier.
DON’T Sign Anything Without Talking to a Lawyer
The other driver’s insurance company may ask you to sign certain documents. A medical release will allow the insurer to see all of your medical records. They’ll use this info to argue that some pre-existing medical condition caused your pain instead of the accident. A liability release will waive your right to any future compensation. Of course, a settlement agreement will end your case and prevent you from getting compensation even if your injuries are more serious than initially thought.
Talk to an attorney if an insurance company asks or pressures you to sign these or other documents. Once you sign, you likely won’t be able to change that decision. A qualified Birmingham injury attorney can review any documents to make sure that they are truly in your best interest.
DON’T Give a Written or Recorded Statement Without Legal Advice
We addressed this in the last article, but this advice is so important that it bears repeating. Again, any written or recorded statements can be used against you. If you provide one without legal guidance, you might accidentally say something that will end your chances of getting compensation. If an insurance adjuster asks you for a written or recorded statement, decline their request until you’ve spoken with an attorney.
A Birmingham Accident Lawyer Can Talk to the Insurance Company for You After an Accident
Dealing with insurance companies can be difficult, but using the tips in this article can help you protect your rights and ensure that you receive fair compensation. Because insurance investigations raise many issues, you may have additional questions. If you need legal help to deal with a request from an insurance company after an accident, call Collins Law, LLC. We know the tactics used by insurance adjusters. We can talk to the insurance company on your behalf and fight for your right to receive fair compensation. Call 205-588-1411 or use our website’s online scheduling tool to schedule a free, no-obligation consultation.
