Hi, my name is Matt Eason. In this video, I’ll discuss a few things that you should or should not say to an insurance company after a car accident.
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I’ve been practicing law for 25 years, and almost in every first meeting with a client, we ask, “Did you speak with the insurance company, and what did you say?”
In understanding what you should or should not say to an insurance company, there are some critical things to appreciate and understand. One is which insurance company you are dealing with. Is it the insurance company for you or the insurance company for the other side? Sometimes they are the same. In this case, please know whether or not the adjuster is responsible for the different policy.
In addition to knowing which insurance company you’re talking to, you should be able to understand the big picture. Insurance companies are corporations, and as corporations, they are for-profit businesses. As a for-profit business, how do you make a profit? You increase revenue, such as premiums, and reduce expenses, such as paying claims. I just wanted to let you know that you are making a claim. They will do everything in their power to try to reduce that expense and what they have to pay you. So be aware of that when you speak with them.
Regarding the other insurance company or the adjuster for the other party, I would never discuss how the accident occurred, meaning the mechanics of the accident. What you did or what they did. If there does not appear to be any dispute about that, the other side admitted to fault, or you were rear-ended, then it’s okay to discuss some of the basic mechanics of the accident. Suppose you are concerned that liability might be disputed or that they may say you were partially at fault. In that case, you should not even talk to your insurance company about the mechanics until first speaking with an attorney.
You want to speak with an attorney first because you will keep your story the same. The truth should be the truth, and you should always stick with that. You speak to an attorney to make sure you understand the law and how it relates to the facts in your situation so that it’s portrayed the most favorably to you.
Like I said, I would never discuss with them the extent of your injuries or whether you were injured. Say, “I’m not interested in discussing it right now. I want to speak with an attorney first.” Once your injuries are resolved, you can speak with an attorney to understand the value of your case and the value of your injuries, and then talk with an adjuster if you wish or hire an attorney to do so on your behalf.
However, speaking with the other insurance company about getting your car repaired is appropriate. If the other side is admitting fault, there is nothing improper about having them come out and inspect your vehicle or taking your car to a body shop to get its repairs; that’s appropriate. Negotiating the car’s value is also applicable, but be careful in doing that again, as you’re not discussing your injuries or the mechanics of how the accident occurred.
Regarding speaking to your adjuster about your bodily injuries, please be extremely careful about that, too. The other driver’s insurance company will compensate you for your physical injuries. It is possible they do not have sufficient insurance to cover you, in which case you may be looking to your own insurance company’s uninsured motorist coverage. Because of the potential of an uninsured motorist coverage claim, some insurance companies will naturally want to minimize your injuries to reduce their exposure.
Ultimately, the thing to understand is that insurance companies are generally for-profit entities. They want to increase their revenue and decrease expenses as a for-profit entity. Like it or not, you’re an expense; thus, the less they pay you, the better off they are. So, please be careful when speaking with an insurance company about your claim before speaking with an attorney.
My name is Matthew Eason. I’m an auto accident lawyer in Sacramento with the law firm of Eason & Tambornini. If you’ve been injured in an accident and would like to speak with me for a free consultation, please don’t hesitate to call. My phone number is 916-438-1819. We are located at 1234 H Street, Sacramento, California 95814.
