There is no state or federal law that requires you to talk to the other driver’s insurance company when you have been injured in a car accident. In fact, it is almost always a bad idea to speak with a third-party insurance company because its representatives can take your statements out of context and use them against you.
Insurance companies are in business to make money, and their primary objectives are to collect as much as they can in premiums and pay out as little as possible for claims. The more you say, the more ammunition the insurance company will have to undermine your claim.
The Real Reason the Other Driver’s Insurance Company Calls
The other driver’s insurance company should be able to obtain the information it needs without talking to you. It can talk to the other driver, investigate the accident scene, and read the police report. Insurance companies often call because they hope you will give them evidence they can use against you.
A claims adjuster is an insurance company’s representative whose job is to determine how much to pay on your claim. Insurance adjusters often present themselves as caring allies, but the truth is that the insurance adjuster does not care about your feelings and is not your friend. No matter what they tell you, insurance claims adjusters are not on your side.
Claims adjusters work for insurance companies, and their job is to save insurance companies money. The adjuster may tell you a call is just a friendly, informal conversation, but every call from an insurance adjuster is a calculated attempt to minimize your compensation. Adjusters seek to accomplish this by gaining your trust so you’ll let your guard down. They hope to catch you in a moment of weakness so you will make statements or decisions against your own best interests.
Talking to the Other Insurance Company Can Damage Your Injury Case
The Lowball Settlement Offer
During the first few days and weeks following your accident, you may start realizing the full scope of the financial disaster that has arisen from your accident:
- A mountain of medical bills
- An inability to return to work
- A lack of resources to keep a roof over your head
Insurance companies are aware of the dire financial distress many accident victims face, and they use this to their advantage. They will contact you at just the right time when you are still in pain and when the reality of your financial situation is setting in, to try to get you to agree to their lowball offer. The claims adjuster may present the insurance company as your savior and make the offer sound generous. If you accept the offer over the phone, the insurance company will move quickly to obtain your signature.
When you are severely injured, you may not be able to know the full extent of your injuries and losses for months. If you accept an offer and then sign a form releasing the insurance company and the driver from further liability in connection with the accident, you will be prohibited from pursuing a claim ever again, even if you have continued damages, such as surgeries and continued lost time from work.
Using Your Statements Against You
If you refuse the lowball offer, the insurance company will look for other ways to save money on your claim. One of the most common tactics adjusters use is to elicit statements from you that they can use against you. They will try to establish a rapport with you and take advantage of the relationship. Their goal is to get you to speak openly.
If possible, they will use your most innocent statements against you to blame you for the accident, minimize your injuries, and accuse you of lying or exaggerating. Insurance adjusters are experienced manipulators who know how to take advantage of you in your weakest moments, using subtle tactics to get you to fall into their trap. By way of example:
- Convincing you to admit fault for the accident
- Convincing you to question your actions leading up to the accident
- Misconstruing an apology as an admission of fault
- Expressing concern so you will assure them that your injuries are not so bad
- Encouraging you to talk about activities you have enjoyed since the accident so they can say your injuries are not severe
Every time you talk to an insurance company’s representative, you could unknowingly provide ammunition that will haunt you and severely damage your claim.
The Recorded Statement
The insurance adjuster may ask you to make a recorded statement, claiming that it will save you time or otherwise help you. What the insurance adjuster will not tell you is that the insurance company will play the recorded statement for its lawyers, who will dissect every word and find ways to use your statements against you.
During the recording, you will be asked to answer a series of questions that have been carefully crafted to encourage you to innocently make statements that could be easily misconstrued. The questions may be very detailed, and the recording will likely occur while you are still early in your recovery.
Over time, your recollection of the accident can change, and the recorded statement can be used against you to undermine your credibility if you contradict anything you said in the statement, even if you answer every question honestly to the best of your knowledge each time. This can be especially detrimental if your claim goes to trial. An insurance company’s trial lawyer will almost certainly draw the jury’s attention to any contradictions between your recorded statement and your testimony.
Are Recorded Statements Ever Mandatory?
There is no state or federal law that requires you to give a recorded statement to any insurance company following a car accident. However, depending on your policy, you may be required to give a recorded statement to your own insurance company. Even so, you may still have a right to postpone the recorded statement until you can speak with an attorney.
You cannot avoid speaking with your own insurance company following an accident in New York. Since New York is a no-fault state, you will need to report the accident to your no-fault insurance company before filing your claim against the at-fault driver’s insurance.
Your insurance contract will also require you to cooperate with the company’s investigation. This does not necessarily mean your insurance company always has the right to compel you to make a recorded statement. Our experienced car accident lawyers in New York can review the terms of your insurance contract and advise you of your rights. If a recorded statement is required, we can be with you during the recording and prepare you ahead of time.
We Can Handle the Insurance Company for You So You Can Focus on Recovery
When you have our knowledgeable New York personal injury lawyers on your side, we will notify the insurance company that you have legal counsel and handle all of the communications on your behalf. We understand when insurance companies are entitled to information, and in many cases, we can provide information without you having to communicate with the insurance company.
If a conversation between you and an insurance company becomes necessary, we will not allow you to face it alone, whether or not a recording is required. We will be on the call or in the meeting with you, whether in person, over the phone, or by video.
We will spend as much time with you as necessary to prepare you for the interaction. With more than 70 years of combined experience, our attorneys can anticipate the insurance company’s questions and ensure you are ready to answer in a way that will help rather than hurt your claim.
Contact Our Top-Rated Car Accident Lawyers Today
With a 99 percent success rate, our award-winning New York injury lawyers are the attorneys you want on your side when you have been injured. Insurance companies do not play fair, but you can count on us to level the playing field. Contact us online or call (914) 288-9191 to schedule your free case review today.
