The unfortunate has happened. You have been involved in a motor vehicle crash that you did not cause. You have injuries and you will be presenting a claim for your injuries, medical bills and property damage to the insurance company for the at fault driver.
Within a few days, you receive a call from the at fault driver's insurance company. They tell you they need to get your version, and they will be recording it. Sometimes, they tell you that they cannot even open their claim file until they get your version.
Question: Under the circumstances, should you talk to the at fault driver's insurance company?
Answer: Be very careful.
There is no dispute that the at fault driver's insurance company is not on your side and is not looking to protect you. They are looking to protect their own insured.
Remember, they are in the business of insurance – you are not. So, what should you say? What should you not say? You don't really know because you've not been through this before. However, the at fault driver's insurance company has been in the business for years and has evaluated many, many claims. They know what they would like to get you to say. Even little admissions, caught on the recording, could have a serious negative impact on your personal injury claim. So what do you do?
Our strong recommendation is that under these circumstances, you NEVER talk to the other driver's insurance company. Because you do not know what to say or what not to say, you could be (innocently) jeopardizing your personal injury case. Again, the other side’s insurance company will look for every angle to try to save money. If they can pay nothing, they'll pay nothing. If they can't pay anything, they want to pay as little as possible. Getting admissions on a recording from you early in the case is part of the goal of every insurance company in this business.
Strong recommendation: If and when the at fault driver's insurance company wants a recorded statement, JUST SAY NO. If then they refuse to continue to deal with you on your claim, hang up and immediately seek the help of an experienced personal injury lawyer. Look for a lawyer who is a Certified Specialist in Personal Injury and Wrongful Death.
The other side’s insurance company is never on your side. If you decide to deal with them on your own, despite the information provided herein, we wish you the best.