What Should I Not Tell My Insurance Company After an Accident?

Dealing with insurance companies can be unavoidable after an accident. However, while it’s important to cooperate with your insurer, you must also be cautious about what you say. Insurance companies are in the business of minimizing payouts, and anything you say can be used against you to reduce or deny your claim. Understanding what not to tell your insurance company after an accident can help protect your rights and ensure you receive the full compensation you deserve.

In this article, we’ll go over common mistakes people make when talking to their insurance company, the types of statements to avoid, and how to handle the claims process without jeopardizing your case.

Statements to Avoid After an Auto Accident

Be generally cautious whenever you interact with an auto insurance provider. Do not say anything that can harm your claim, and words of wisdom include:

Do Not Say That You Caused the Accident

One of the biggest mistakes you can make after an accident is admitting fault. Even if you feel partially responsible or think you may have contributed to the accident, do not make any statements that can imply you were at fault.

Some statements that may give the impression you’re admitting fault are:

“I’m sorry, it was my fault.”
“I think I might be responsible.”
“I didn’t see the other car coming.”
“I wasn’t paying attention.”
“I apologize.”

The insurance company can use these types of statements to argue that the accident was your fault, which can lower your chances of receiving compensation.

Some alternative approaches to these potentially damaging statements are:

Strictly discuss the facts and avoid speculating about what caused the accident.
Let your lawyer or the police handle the determination of fault.
If you think any statement might paint you in a poor light, do not say it.
Use statements like “I am not sure” and “I cannot remember” if you are uncertain whether answering can be a poor decision.
Don’t accept responsibility for the accident in any form, even if you feel guilty or regretful.

Most importantly, hire a car accident attorney to represent you. Your lawyer may arrange for you to provide written statements to all liable insurance companies.

Do Not Downplay the Severity of Your Injuries

It’s natural to want to appear strong or avoid seeming overly dramatic after an accident. However, you should never downplay the severity of your injuries when speaking to your insurance company.

Alternatives to downplaying your injuries:

Be honest and detailed about your injuries, no matter how small they may seem initially.
Follow up with medical professionals and document any changes in your condition, even if they seem minor.
Avoid saying things like: “I’m fine,” “I don’t need medical treatment,” or “I just have a little pain.”

Always err on the side of caution when describing your injuries, and allow your medical records to support your claims.

Never Accept the First Settlement Offer

Insurance companies often make quick settlement offers immediately after an accident. They do this to close the case quickly and for as little money as possible. While this may seem tempting, it’s important to understand that the initial offer is almost always lower than what you truly deserve. Be careful not to:

Say that you’re going to accept an offer
Sign any paperwork without having a lawyer look at the paperwork first
Formally accept any settlement offer (until you’ve spoken with an attorney)

Accepting a lowball settlement offer is one of the gravest mistakes an accident survivor can make. Instead, use these alternatives to accepting a lowball offer:

Refuse, or at least do not accept, the insurer’s first offer (typically a lowball offer).
Allow a lawyer to negotiate on your behalf.
At the very least, have a lawyer look at any settlement offer you’re thinking about accepting.
It’s important to give yourself time to fully recover or at least understand your long-term medical needs before agreeing to a settlement.

The cost of auto accidents can be substantial, in some cases even reaching seven figures. Your attorney will fight for all the compensation you are entitled to.

Do Not Discuss Your Legal Strategy with the Insurance Company

After the accident, it’s important to avoid discussing your legal strategy with the insurance company. It includes details about your lawyer’s approach, potential witnesses, or how you intend to prove fault.

There is nothing to gain from divulging case strategy to insurance representatives, and there can be much to lose.

Alternatives to discussing legal strategy with insurance representatives include:

Letting your lawyer deal with insurers
Redirecting calls and other contacts from insurance representatives to your attorney
Getting information about the claims process from your attorney, not insurance reps

Approach every interaction with insurance representatives carefully and allow your car accident lawyer to handle them whenever possible.

Don’t Speak Casually About the Accident (and, Specifically, Never Admit Fault to Anyone)

Sometimes, people feel an instinct to explain or justify what happened after an accident, especially if they feel partially responsible. However, casual conversations with friends, family, or even the other party involved in the accident can be used against you by the insurance company. Refrain from speaking casually about the accident because:

Any admission of fault, even in informal conversations, can be used to undermine your case.
The other party or insurance adjusters may try to use these statements as evidence to reduce your claim or deny it altogether.

Definitely do not post about the accident on social media or discuss the facts in writing, including via email. These conversations may be easier for liable parties to collect and use against you.

Alternatives to speaking casually about the accident include:

Not speaking about the accident unless you absolutely need to (such as discussing it with your attorney)
Being honest about the facts of the accident, including the fact that you did not cause it
Never making jokes or other statements about the accident that can be easily misconstrued or taken out of context

Generally, the less you talk about the accident, the better off you’ll be.

Do Not Sign Anything Unless Your Lawyer Gives You the Green Light

After the accident, insurance companies may ask you to sign a release form or other documents. These forms are often designed to settle claims quickly and for as little money as possible. It’s important not to sign anything before consulting with your attorney.

Some alternatives to signing documents you haven’t run by your lawyer include:

Sharing every claim-related document with your attorney
Simply not signing any paperwork that your lawyer has not reviewed and advised you to sign

Your attorney should share the paperwork and documents with you. However, you must never sign anything the insurance company (or other parties) presents without getting an attorney’s opinion.

Avoid Giving a Full, Detailed Account of the Accident (Until You’ve Hired Your Lawyer)

While it’s important to report the accident to your insurance company, you should avoid providing a detailed account of what happened too soon because:

You might have post-traumatic stress disorder (PTSD), brain injuries, or other conditions that make you prone to mistakes.
Details about the accident can be misinterpreted or distorted by the insurance company.
Giving a full, detailed statement too early may lead to inconsistencies in your account, which can be used to discredit your claim.
Liable parties, including insurers, may intentionally try to trip you up and have you admit fault, so you’re best served by not speaking with them until you’ve hired an attorney.

Some alternatives to giving a full statement just after the accident are:

Hiring your lawyer right away so there’s no significant delay between the crash and you giving your statement
Asking your lawyer if you can give a written statement, which is a far riskier way to speak about the accident
Waiting until you have gathered all relevant information and spoken to your attorney before making a full statement

Trust in a car accident lawyer. They will protect you and prevent any mistakes that you would otherwise regret.

A Lawyer’s Service Extends Beyond Protection. Here’s How They’ll Fight for the Money You Deserve.

A lawyer’s protection from insurers’ bad faith will be priceless. Your attorney will ensure that any statements you give are a benefit to the case rather than a liability. This is just one way that your auto accident attorney will help, though, as they will also:

Obtain Evidence from the Accident

A strong case starts with strong evidence. An attorney gathers key information to prove liability and the extent of your damages, including:

Any police reports that document the accident
Witness statements to corroborate your version of events
Footage that may show the crash
Medical records to demonstrate the severity of your injuries
Expert testimony from accident reconstruction specialists or medical professionals

By proving fault for the accident, your lawyer will set the stage to recover the compensation you deserve.

Establishing Your Case Value

Your attorney will demand compensation for both:

Your present damages
Damages you will suffer in the future

Your legal team will document all of your economic and non-economic damages. This documentation will pair perfectly with their financial demands.

Pursuing a Fair Settlement from Insurance Companies

Insurance adjusters are skilled at getting victims to accept lowball offers. Your lawyer will handle all communication and negotiate aggressively to ensure a fair settlement.

Most cases end with an out-of-court settlement. Your lawyer will take the case to trial to fight for maximum compensation if necessary.

Managing Every Other Aspect of Your Auto Accident Case

Your attorney will be accountable for every detail of your case, which will likely include:

Creating a personalized strategy
Pressuring insurance companies to move your claim(s) forward
Updating you throughout the case
Drafting and filing paperwork
Making in-person appearances

Your lawyer will have paralegals and many other resources on their side. These resources will be instrumental in securing a fair, efficient resolution to your case.

What Damages Will My Lawyer Demand After an Auto Accident?

If you’ve been involved in a car accident, you may be entitled to recover damages to compensate for your losses. The damages in an auto accident case typically fall into three main categories: economic damages, non-economic damages, and punitive damages. Understanding these damages can help ensure you receive full and fair compensation for your injuries and other losses.

Potential Economic Damages from an Auto Accident

Economic damages have a clear financial value, and these types of damages can include:

Medical costs, including the cost of any hospital services, doctor visits, physical therapy, prescription medications, and other services related to your accident
Professional harm, such as lost income and diminished earning capacity
Property damages, including but not limited to the cost of repairing or replacing your vehicle

Your lawyer will also seek money for the cost of transportation to medical appointments, rental cars, or any other items or services directly related to the accident.

Potential Non-Economic Damages from an Auto Accident

Non-economic damages have a less obvious financial value than economic damages but still entitle the accident victim to compensation. Examples of non-economic damages are:

Physical pain, including any chronic pain conditions related to the accident
Emotional anguish
Depression
Anxiety,
Post-traumatic stress disorder (PTSD)
Lost quality of life
Sleep lost
Disfigurement

Pain and suffering are also important considerations in wrongful death cases. If you have lost a loved one because of an auto accident, you likely deserve compensation for loss of consortium, grief, and several other types of non-economic harm.

Allow an attorney to evaluate your damages and pursue all the compensation you deserve.

Hire Your Auto Accident Lawyer Today Because You Can’t Afford a Delay

One of the first steps to take if you’ve been injured in an accident, is to consult with an experienced personal injury attorney. They can access your claim and explain the next steps and your legal options.

There is no time to wait after your auto accident. Your attorney will need to secure evidence of negligence, file your case, and complete several other time-sensitive steps. Put your case in a strong position by finding and hiring your auto accident lawyer today.