Generally, calling the other insurance company is not necessary or advisable. You are not legally required to contact or speak with them. You should certainly call and speak with your own insurance company.
There are few, very select times; however, calling the other insurance company may be necessary or helpful. This can be when liability is clear, the at-fault party refuses to contact their insurance company, or there are no or very minor injuries. This article will cover how to manage that interaction. But be careful; the other side’s insurance represents the interests of the at-fault driver, not you. Just like you see in the movies when the cop Mirandizes the suspect before placing them under arrest and says, “Anything you say can and will be used against you…” the insurance company will use anything they can to avoid paying you or minimize your claim, including anything you tell them.
Ideally, by the time you call the other side’s insurance company, their own insured would have already reported the crash, and they would have a claim opened and assigned to a claims adjuster. Unfortunately, often, that is not the case. Your call may be the first time they have heard about the accident. It is also likely that the person you are reporting the claim to will not be the adjuster you will be dealing with but rather their intake or initial contact person. When making that call or receiving a call from the other insurance company, keep the following caveats in mind:
- You are not legally required to give a recorded statement. The insurance company for the other party will often want to record the conversation. Never agree to have your statement or conversation recorded. Again, taken out of context, things you say can be manipulated and used against you.
- This isn’t the time to prove your case. At some time in the future, you or your car accident attorney will be negotiating with the insurance company to settle your case. That will be the time to argue, offer evidence, review records, refute assumptions, and bolster your position. Avoid debating or arguing with the insurance representative at this juncture.
- Provide the bare minimum. The goal of this conversation is to set up a claim with the other insurance company. Answer only the questions being asked and don’t elaborate. You likely don’t yet know the full extent of your injuries or damages. Answers to that line of questioning should be limited and noncommittal. For example, “I am not sure of all my injuries at this time, but my back and neck feel sore”. Avoid committing to specifics, like speed, time, or distance.
- Do not speculate. When you respond to a question, you either know the answer, or you don’t. If you can answer the question truthfully, do so. If you are not sure, you probably don’t know, and your answer should simply be “I don’t know”. Saying anything else would be speculative on your end and could be used against you. Best practice is to refrain from committing to a position or answer you are not sure about.
Remember, the insurance company for the other side is diametrically opposed to your interests. They are professionals trained to expose every weakness in your case, limit your personal injury compensation, and close the claim as quickly as possible. Don’t let them lull you into believing they are on your side. They are not. We are! We have been representing injured Oregonians for over 50 years and know every trick in the book the insurance companies employ to take advantage of you. Consulting with one of our attorneys is always free. Call us before accepting any offers from the insurance company.
Other questions you may have after an accident.
Do I file a claim with my own insurance company?
Should I get medical treatment?
Who will pay for the damage to the car?
Will I be able to get a rental while my car is being repaired?
Will I get a settlement for my injuries?
