Let me first say that most people are honest, nice people. Unfortunately, being courteous and helpful after an accident can cause big problems for you. That might sound bad so let me explain what I mean when I say Never do this after a car accident.
If you’ve never been in a car accident you may not fully appreciate this but if you have been in an accident, you know your adrenaline is way up, a million thoughts are going through your mind, especially if you are injured, and you are most likely not thinking clearly. You are quite possibly making arrangements to have your vehicle towed, exchanging insurance and contact information with the other driver and speaking with your insurance company.
And then it happens, the driver who caused the accident hands you their cell phone and says; “My insurance company needs to get some information from you”. So you innocently take the phone and begin to answer their questions…
Never do this after a car accident! And I do mean NEVER. Never speak to the other driver’s insurance company at the scene or after you get home. You would be shocked at the lengths insurance companies will go to in order to avoid liability. You are not obligated to speak to them at all and they certainly don’t “need” to speak with you. Any information they need can be obtained from your insurance company, or your attorney. not you! Simply refer them to your insurance company or your attorney.
Now, let me explain why this is so terribly important. If you speak to the other driver’s insurance company, the first thing you need to be aware of is that the call is being recorded. And anything that you say to the insurance company can and most certainly will be used against you in any settlement negotiations or in court should you need to file a personal injury or personal property claim.
After an accident, remember that you are dealing with a rare situation during a very stressful moment. And if you do speak with the other driver’s insurance company they can easily take advantage of the situation. Your innocent and honest answers to seemingly simple questions such as “Is everyone alright” or “How are you today” is usually an attempt to solicit an answer that can be used against you.
Remember, right after an accident, you are going to be shaken up. You are going to be concerned and in unfamiliar territory. So much so that you might not realize that you are in fact also injured. Often, injuries will appear or present themselves hours and even days after an accident. The fact is, you really don’t know if you are injured or not, or “how you are doing today”. For this reason, it is best that you not speak to the other driver’s insurance company at all.
After a car accident, the best way to protect your rights is to let your insurance company or your attorney do what you are paying them to do; protect you and your rights, and help assure that you are properly compensated for any and all damages, losses, and injuries that you suffered as a result of the accident. Let me say it one mare time. NEVER speak to the other driver’s insurance company after a car accident!
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