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.
If you’ve ever 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”. You innocently take the phone and begin to answer their questions…
If there is one thing you should never do after a car accident, and I do mean NEVER, is speak to the other driver’s insurance company. You are not obligated to speak to them at all! Any information they need can be obtained from your insurance company, or your attorney. not you! Simply refer them to your insurance company.
Now, let me explain why this is so terribly important. If you speak to the other driver’s insurance company, you need to be aware that the call is being recorded. And anything you say to the insurance company can and most certainly will be used against you in court should you need to file a personal injury claim. Remember you are dealing with a rare situation and can easily be taken advantage of. Your innocent and honest answer to a question such as “Is everyone alright” or “How are you today”, can be used against you.
Remember, right after an accident, you are going to be shaken up, concerned and unfamiliar with what to do. 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. For this reason, it is best to not speak to the other driver’s insurance company at all. Let your insurance company or your attorney do what you are paying them to do and protect yourself and your rights to be properly compensated for any and all damages, losses, and injuries.
Remember, NEVER speak to the other driver’s insurance company!