Posted by: Kemmy Law Firm
You’ve started the insurance claim process after a car crash that was not your fault. But now, the at-fault driver’s insurance company is calling.
There are several reasons why the at-fault insurance company calls you rather than their policyholder. Discover why and what you can do to pursue fair compensation for your injuries and loss.
Insurance companies investigate claims to look for ways to settle as cheaply as possible. The easiest and most common way to avoid paying is by questioning whether their policyholder is at fault. If the insurer can blame you for part or all the accident, they’re off the hook.
Insurance claims begin when you or the at-fault driver notifies their insurer. Since you’re not the policyholder – and the individual who pays the premiums – you’re already at a disadvantage. The insurance company will look for ways to deny or limit your claim to avoid cutting into their profit.
There are several steps insurance companies take to investigate a claim. First, they assign an adjuster to your claim. The adjuster then looks for evidence to establish if the policyholder is at fault. This evidence includes police or crash reports, photos, videos, and witness statements.
The insurance adjuster will also examine medical documentation about your injuries and prognosis. They want to confirm that your injuries are valid.
The at-fault driver’s insurance company wants your statement. Some of the information they’re seeking is straightforward.
If you’re feeling well enough, you could answer basic questions, such as:
The adjuster might also ask about your role in the accident: how fast you were driving, whether you looked both ways, and others. The insurance company is looking out for its policyholder and bottom line.
You should avoid answering questions beyond the basic fact-finding questions above. Don’t volunteer information or answer questions about:
Anything you say to an insurance adjuster could give the insurer an excuse to deny or limit your claim. Even an inadvertent remark like “I’m sorry” could be interpreted as admitting fault on your part.
No. You are under no legal obligation to give a statement or even talk to the at-fault driver’s insurance adjuster. You don’t have to answer questions other than confirm your name, address, and phone number.
Insurance companies look after their best interest. They want to pressure you, rush you, and make you think that you might not receive compensation unless you answer their questions. It’s challenging to keep your composure, especially when you’re still recovering from a car crash.
If you have an attorney, give the insurance adjuster their name and the name of their law firm. If you want to talk to an attorney first, tell the insurance adjuster:
“I’m not prepared to talk right now. I’ll be in touch after speaking to an attorney. Thank you.”
Be polite but firm. Do not linger on the phone.
Hiring an attorney is a personal decision that only you should make. However, many car accident lawyers don’t charge for consultations. Most personal injury attorneys work on contingency – you don’t pay fees or costs until and unless you receive a settlement.
Injured individuals who work with an attorney have a greater chance of recovering compensation than those who do not. Personal injury lawyers have a deep understanding of liability laws and the insurance claim process. They protect your rights, answer your questions, and negotiate a settlement on your behalf.
If you’re receiving calls from the at-fault driver’s insurance company after a crash, call the Kemmy Law Firm before answering any questions.
We are a family of trial lawyers with over 50 years of combined experience and a proven track record of success. Let our car accident attorneys deal with the insurance company and pursue maximum compensation on your behalf.
Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.
When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.