Following a motor vehicle accident, you will almost certainly have to deal with at least one insurance carrier. It’s important to provide insurance carriers with honest answers and details about the accident, but not before consulting with a lawyer. Anything you say to the insurance company – especially the other driver’s carrier – can be used against you. A Boston auto accident lawyer can help you determine what to say and how to say it.
When a two-car or multi-car accident occurs, at least two insurance companies will generally be involved. The policy of the at-fault driver usually covers liability for the accident. As such, that carrier will typically send an insurance adjuster to investigate the accident by conducting interviews and evaluating property damage.
There’s No Obligation to Provide the Opposing Insurance Company with a Recorded Statement
If you have been injured by another driver, under no circumstances should you give a recorded statement to the at-fault driver’s insurance company. Any information you provide is sure to be used against you if you bring a personal injury lawsuit against the other driver. Unless the insurance company has obtained a court order requiring you to provide a statement, you have no obligation to speak to them. A MA car accident attorney can help you understand your rights and options if you find yourself in this situation. Whatever the circumstances of your case, avoid talking to the opposing insurance company until you’ve consulted with an experienced attorney.
When it comes to your personal policy, however, a recorded statement may be necessary. It’s possible that your carrier will require a recorded statement as evidence of the unique details of your situation, and to confirm that you have obtained appropriate medical care for any resulting injuries. By cooperating with your insurance company, you can help to ensure that timely payments continue. Although it’s relatively uncommon for your personal carrier to request a recorded statement, it does happen. And if it does, a skilled lawyer can help here as well. For example, your attorney can make sure your carrier puts in writing that they will not provide your recorded statement to the other driver’s insurance company.
Recorded statements, when given to the at-fault driver’s insurance company, have never been considered helpful to a personal injury case. As such, they should be denied whenever possible. The opposing insurance carrier will have plenty of tricks up its sleeves to reduce the amount of compensation you can get following an accident. Even innocent and seemingly-harmless statements can be twisted and used against you.
Whether you’re talking to the opposing insurance company or your own, there are certain things you should avoid saying:
- It was my fault: Although you may have contributed to the accident, the other driver may also be partially at fault. It is not for you to decide whose fault the accident was. Leave personal opinions out of the conversation.
- I will give an official statement: As discussed above, leave the recorded statements for after you have spoken to your attorney.
- I accept: In most cases, initial settlement offers are significantly lower than what the victim deserves. Consult with an attorney before you accept any offer.