Is It Ever Okay to Deal with the Other Person’s Insurance Company after a Crash?

If you are injured in a car accident and/or your vehicle is damaged, you should always arrange to speak with an experienced car accident lawyer. Anything you say to the defendant’s claim representative can come back to haunt you. To be safe, call Silverman, McDonald & Friedman. Our lawyers in Newark, Seaford, or Wilmington can speak to the insurance companies for you

The insurance company for the car owner that hit you is NOT your friend. The claims representative for the defendants in your case has one primary goal – to deny your claim. If the claim can’t be denied, the representative’s secondary goal is to minimize your claim. The defendant insurance companies want to pay you as little as possible.

If you settle your claim, you can’t come back and ask for money later because your injuries are more severe than you thought or because the cost to fix the car is more than the amount paid through the settlement agreement.

Car accident victims should understand:

• When the insurance agent is being friendly, he/she is really trying to get you to say something against your interest. Examples include saying, “Well, I really wasn’t hurt that bad,” or, “I guess I could have been driving a little slower.” Never agree to be social media friends with the insurance adjuster. The adjuster is looking to see if you’re having fun so he/she can say you’re not in pain.
• When the adjuster wants to record your statement, the recording isn’t being used just to have it in the company files. If you say anything that hurts your case, the statement can be used to show you’re not credible or that your claim is weak at the trial of your case.
• That you shouldn’t sign a broad medical authorization. Medical authorizations should be reviewed by your personal injury attorney to ensure that the insurance company only has access to relevant medical information. Many insurance representatives want to go on a fishing expedition to see if there’s anything in your past that could be used to say you had a pre-existing condition.
• Settlement offers are binding. There are no do-overs in settlement cases.

When speaking with the other driver’s insurance may be an option

There are limited situations where speaking with the insurance carrier for the other driver may be considered. These situations include:

1. Your lawyer is present so the lawyer can object to any irrelevant or improper questions.
2. Your claim is only for property damage to your vehicle and you don’t have your own vehicle insurance. This conversation should be limited to the right of the defendant insurance company to arrange to inspect your vehicle. If you do have car insurance, your own agent should speak with the responsible party’s agent

If you do speak with the insurance agent for the driver:

• Be sure to write down his/her name, phone number, title, who they say they are working for, and why they want to speak with you.
• Don’t volunteer information and give as short an answer as possible. Limit your conversation to your name, address, and phone number.
• Don’t guess, explain, or estimate
• Speak with your insurance agent first and let your insurance agent know that the agent for the responsible party wants to speak with you.
• Never admit fault. Never say you’re OK when you’re not.

Again, it’s better and easier to just say, “I need to speak with my lawyer first.”

Most car accident victims prefer to settle their claims than to go to court. At Silverman, McDonald & Friedman, we work to get our clients the best settlement possible, Our Delaware car accident lawyers do understand how much cases are worth depending on your medical injuries, how the accident happened, and other factors. If the insurance agent is not making a fair offer, we do recommend trying your case before a jury. At every stage of your case, we fight to get the largest settlement or award possible,

Call us at 302.314.5553 or fill out our contact form. to assert your rights. We have offices in Wilmington, Newark, and Seaford