After a car accident, you should give insurance companies only basic, factual details, such as when and where the crash occurred. Avoid guessing, admitting fault, or discussing settlements. Before giving a recorded statement or signing anything, speak with a lawyer to ensure your rights and potential compensation are fully protected.
What to Know Before Speaking With Insurance Companie
Being in a car accident is, to put it mildly, a significantly stressful event. On top of the medical bills, the pain and suffering, and the missed time from work, accident victims also have to deal with insurance companies. Even on a good day, most people dread having to talk to insurers; the anxiety is magnified considerably after being in a car crash.
There’s a good chance that the at-fault driver’s insurance company will reach out to you sometime after the crash. You will also need to report the accident soon to your own insurer. The experienced car accident attorneys of Bornstein & Emanuel, P.C. explain what victims in Nassau and Queens need to know about these communications.
What to Tell Your Insurance Company
After being in a car crash, you should tell your insurance company about it as soon as possible and preferably within the first 24 hours. New York’s no-fault insurance law requires accident victims to report their claims within 30 days of the wreck. If you fail to do so, the insurer might not cover your injuries or property damage.
However, you should keep the information basic and fact-based until you’ve had a chance to speak with an attorney. Check your policy for more specific guidelines about what information you should provide, but you will need to communicate at least the following with your insurer:
- Your name and policy number
- The date and time of the accident
- The location of the accident
- The make and model of the vehicles involved
- The at-fault party’s insurance company, if known
- That the driver fled the scene, if the accident was a hit and run
Remember, there may be other details such as information about the vehicle damage and whether a police report has been filed. But be very careful about speculating, guessing, or estimating (see below section on what not to say). If you are unsure about something, you don’t feel comfortable talking to the adjuster, or you are asked to give a recorded statement, postpone the conversation and speak with a lawyer first.
What to Tell the Other Driver’s Insurance Company
The information that you provide to the other driver’s insurance company is largely the same. The key is to stick as closely to the facts as possible and to never speculate. If you do not know something, such as how much property damage there was, then tell the claims adjuster that you do not know.
There is a good chance the other driver’s insurer will ask you to give a recorded statement. There is no law that requires Nassau or Queens accident victims to do this, and it’s not recommended that you do. The same goes for signing any documents the insurer may send you, regardless of how innocuous they may seem.
What Not to Tell the Insurance Companies
For both your and the at-fault driver’s insurer, we recommend that you do not:
- Estimate the nature of the damage to either vehicle (you probably will not know how much damage was actually done until a repair shop takes a look at it)
- Guess about the nature or extent of your injuries or the other driver’s injuries
- Speculate as to who was at fault
- Make any sort of statements about money, including accepting any settlement offers
- Apologize, admit fault, or admit liability of any kind
- Speak about any matter that you are not absolutely certain about
As stated above, we do not recommend giving a recorded statement to, or signing anything from, the at-fault driver’s insurance company without first speaking with a car accident lawyer in Nassau or Queens. Your insurer may require a recorded statement, but again, talk with your lawyer first. Don’t accept a settlement offer from your own insurer without talking to an attorney, either.
Speaking With a Lawyer is Vital to Your Rights
We can’t stress this enough: talk to an attorney as soon as you possibly can. The reality is, you likely do not have sufficient information to make any definite statements about fault, liability, the cause of the crash, damage to vehicles, or injuries. But if you start speculating as to these and other matters, it may come back to hurt you later.
Many accident victims in Nassau and Queens believe that they can trust their own insurance companies. Sadly, this often isn’t the case because insurance companies are for-profit businesses and will look for ways to deny or underpay your claim. This is definitely true concerning the at-fault driver’s insurance company.
Provide the insurers with only the most basic, objective information that you know for sure and then talk to a seasoned car crash lawyer at your earliest convenience. Reach out today to Bornstein & Emanuel, P.C. We’re ready to advocate for your best interests and help you secure the compensation that you deserve.
