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Car accidents are stressful situations even before the other driver’s insurance company calls you. When this happens, do you know what to say? While it would be nice to assume the other driver’s insurance company has the best interest of both parties at heart, this is often not the case, and they may try to trap you into admitting fault if you are not prepared to communicate with them.
Kathleen M. Reilly is a personal injury attorney based in Kearny, New Jersey with over 30 years of experience. She is the managing partner of Brady Brady & Reilly, LLC. In this Quick Question, she explains what to say when the insurance company calls after a car accident.
To learn more, contact the attorney directly by calling 888-981-0027 or by submitting a contact form on this page. The consultation is free and confidential, and you owe no out-of-pocket attorney fees.
If you are contacted by another vehicle’s insurance company after an accident, it’s important to exercise extreme caution regarding what you say. The safest thing to do is ask for the contact information of the person you are speaking to, the name of the company, and then let them know your lawyer will be in touch and hang up the phone. This prevents the insurance company from recording what you say to infer an admission of fault into your words, which could affect your potential for compensation. It’s similarly important to refrain from signing or verbally agreeing to anything at the scene of the accident, including anything from law enforcement or the other driver. Even a blanket apology to the other driver could be taken as an admission of guilt in court.
It’s a good idea to preserve evidence from the scene of the accident in the form of pictures and videos of both cars, the surrounding road, and any other damaged property as well as witness information. If you are able to record this type of evidence immediately after the accident occurred, or if you can ask a family member or friend to do so if you are detained while seeking medical treatment, you will have an advantage if the other driver’s insurance company tries to blame you for a situation that you did not cause. It’s also important to keep this evidence in a safe place where it will not be lost or deleted.
Most personal injury attorneys work on contingency, which means you won’t be required to pay any fees until and unless they win your case; even the initial consultation is free. Even if you do not think you need to hire an attorney to handle your case, it’s wise to request a consultation and seek legal counsel before communicating with the other driver’s insurance company again. An experienced lawyer will be able to warn you about common pitfalls to avoid when dealing with another insurance company, as well as how to strengthen your case. If you or a loved one were injured or killed in a car accident and are facing the challenge of communication with an insurance company that does not have your best interest at heart, reach out to a personal injury attorney to find out what your options are.
To learn more, contact Kathleen M. Reilly directly by calling 888-981-0027 or by submitting a contact form on this page. The consultation is free and confidential, and you owe no out-of-pocket attorney fees.
This is another Quick Question from AskTheLawyers.com. Do you know what to say, or not to say, to the insurance company after you’ve been in a crash? We asked New Jersey attorney Kathleen Reilly.
Well, if it’s the insurance company for one of the vehicles involved, my best advice is to say, “I’d like to speak to my lawyer and either I or my lawyer will get back to you.” That way, the person has the opportunity to consult with an attorney. It’s free of charge, there’s no fee for the consultation or if we take on the case. So the best thing to do is get a free consultation, find out your rights.
Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.
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