Should I Notify the Other Driver’s Insurance Company of an Accident?
Auto accidents can be stressful and disorienting, and victims often do not know where to turn in the aftermath. In the days following the accident, they may wonder whether they should notify the at-fault driver’s insurer. If they do not reach out first, chances are the insurer will call them instead. No matter who calls who, it is important that accident victims know how to handle communication with insurers, especially before securing legal representation.
If you were involved in an auto accident, remember that you are not legally required to notify or otherwise speak to the at-fault driver’s insurer. Instead of dealing with tricky insurance adjusters on your own, it is best to let an attorney handle the communication for you. Unlike insurers — including your own — your attorney is legally obligated to act in your best interests. They will make sure that you know your rights and are not taken advantage of.
If you were injured in an auto accident at little to no fault of your own, the injury attorneys at Mushkatel, Gobbato, & Kile, P.L.L.C., are here to help. Call us today for a consultation with an experienced Arizona personal injury attorney.
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Should I Notify the At-Fault Driver’s Insurer?
In general, no. You are not legally required to give notice or speak to the other driver’s insurance provider at all. The at-fault driver is responsible for complying with the terms of their own policy and should inform their insurer of the accident themselves.
Further, there is good reason to mistrust insurance adjusters handling your claim. They may seem friendly on the phone, but their job is to save their company money by undervaluing or denying as many claims as they can within the constraints of the governing policy and law.
The purpose of their call following an accident is to gather information that will allow them to achieve that goal where possible, normally by pinning the blame for the accident on you or underestimating the severity of your injuries. The best way to respond is simply by letting your attorney do the talking.
Should I Notify My Own Insurer?
Many insurance companies require their policyholders to report accidents before a certain deadline. Failure to do so can eliminate your coverage. If you were injured in an accident, check your policy to see how long you have to notify your insurer. If you have not yet secured legal representation, go ahead and give notice before the deadline passes. You can also let your attorney do so for you.
When making your report, however, keep in mind that you are simply required to give notice that an accident took place. Your own insurer is also a for-profit business primarily concerned with its own bottom line, and it will try to save money by denying your claim where possible.
Therefore, your report can include basic details about the accident, like the time, date, location, identity of the at-fault driver, and the name of their insurer. But you need not — and should not — discuss things like fault and the severity of your injuries. If pressed to speak about these things, inform the adjuster that your attorney will be in touch with more information.
What Are Some Pitfalls to Avoid When Speaking to Insurers?
When dealing with insurers, it is important that you take care of your own interests. Many people do not realize the damage a simple conversation with an adjuster can have on their case until it is too late. Of course, you should always tell the truth, as failure to do so can lead to serious legal consequences. That said, proceed with caution. The following tips should help you protect yourself.
1. Do Not Speculate About Causation
The first primary issue in any car accident case is causation. Whose negligence gave rise to the crash? Was more than one driver responsible? Where possible, the other side’s insurer will try to deny your claim by pinning the blame on you. To avoid giving them ammunition, do not admit or speculate about fault for the accident.
Further, do not say anything that could be construed as an admission of fault. For example, do not apologize for the accident. Of course, when others are injured in an accident, it is natural to feel bad. However, adjusters may turn your apology against you by suggesting that you were fully or partially responsible for the crash.
2. Do Not Underestimate Your Injuries
The second primary issue in any car accident case is the extent and severity of your injuries, which will correlate directly with the amount of compensation you receive. Of course, do not exaggerate your injuries. However, the at-fault party’s insurer will want to undermine your claim by downplaying their seriousness. Do not help by downplaying them yourself.
Instead, steer clear of the topic altogether. If asked about things like your pain, suffering, and general discomfort, simply decline to comment. For example, when asked how you feel, you may be tempted to answer, “I feel fine.” However, even this simple exchange can be turned against you in a courtroom to show that your injuries were not serious.
3. Do Not Provide Recorded Statements
Insurers often request permission to record your conversations with them. Do not give it. They will scour the recording for anything they can use against you.
4. Do Not Provide a Medical Release
Insurers might also ask that you give them permission to see your medical records by signing a release. Do not give it. Your medical records are confidential and strictly protected by state and federal law. If you provide a record release, they may gain access to records completely unrelated to the accident.
Among other things, they may use this sensitive information to argue that your injuries were preexisting and not caused by the accident at all. The best way to counter these arguments is to let your attorney review your records first.
5. Do Not Accept First Settlement Offers
Auto accident victims may be tempted by an insurer’s first settlement offer, especially if they are facing serious financial difficulty due to their injuries and losses. However, first offers from insurers are rarely their best.
In many cases, the lowball offer is calculated under the assumption that you are uninformed about the true value of your case and that you have not yet secured legal representation to set the record straight. If you fall for the trap, the insurer will argue that a deal is a deal, and the settlement agreement will probably prevent you from changing your mind.
Is There Consumer Protection Against Unfair Settlement Practices?
Fortunately, there are strict laws in place to protect consumers from unscrupulous insurers. For example, Arizona law prohibits unfair settlement practices, such as:
- Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue.
- Failing to acknowledge and act reasonably and promptly upon communications with respect to claims arising under an insurance policy.
- Failing to adopt and implement reasonable standards for the prompt investigation of claims arising under an insurance policy.
- Refusing to pay claims without conducting a reasonable investigation based upon all available information.
- Failing to affirm or deny coverage of claims within a reasonable time after proof-of-loss statements have been completed.
- Not attempting in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear.
Failure to comply with these restrictions leads to serious legal consequences. If you think you are a victim of unfair insurance settlement practices, you should have an attorney review your case as soon as possible.
Speak to an Arizona Car Accident Lawyer Today
The legal aftermath of an auto accident often leaves injured victims disoriented and frustrated. While you focus on recovering from your injuries, let us focus on recovering financial compensation on your behalf. The attorneys at Mushkatel, Gobbato, & Kile, P.L.L.C., will make sure you know your rights and are not taken advantage of by insurers. Call us today for a consultation with an experienced Arizona personal injury attorney.
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About the Author
Zachary Mushkatel discovered his affinity for the law by chance. As a political science major at the University of Arizona, he first aspired to become a professor. But an unexpected invitation to participate on a mock trial team at the university encouraged him to turn his competitive spirit and drive…
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