Keeping Mum After An Accident
If you've been in a car accident, what you say and don't say could affect your claim. The time period right after an accident is often filled with distress and confusion, but it's not the time to allow your emotions to negatively influence the outcome of your case. Read on to learn more about the importance of knowing what to say and when to say it after an accident.
After the Accident
The tense time right after an accident is no time to be discussing fault, apologizing, blaming, or anything else. Keep your thoughts about the way the accident happened to yourself. Once law enforcement has been called, you should do only do the following:
1. Exchange insurance information with the other parties (this assumes your injuries allow you to do so)
2. Speak only to the police officer when questioned about the events of the accident. The officer at the scene must prepare an accident report that includes a summary of the accident and what it appears might have led to it. That report is not admissible in court, but only state the bare minimum to the officer, such as the direction you were traveling at the time of the wreck.
3. Seek medical treatment even if your injuries appear to be minor. Head injuries are especially tricky and difficult to diagnose.
When Fault Is in Contention
Whether the police report assigned blame or not, the insurance companies (your own and the other driver's) will begin an investigation. In most cases, the issue of fault determines which insurance company has to pay out more to the victims, though some states adopt a no-fault stance. The insurance investigation will likely include a recorded phone statement where you will be questioned about the wreck and your injuries.
Speaking to the Insurance Companies
Once you ascertain that you are speaking to the other drivers' insurance adjuster, politely hang up the phone. You are not required to speak to the adjuster for the other side, but you can refer them to your personal injury attorney instead. Never speak to this adjuster, even if they make promises of large settlement checks coming your way after you give them your statement.
In all likelihood, you may be required to speak to your own insurance company. You can ask them to call back later so that you can be better prepared to speak to them. Write a summary of the facts of the case as you remember them and try to avoid speculating on facts you do not know for certain.
You can cause irreparable harm to your claim by what you say. Speak to your local personal injury lawyers today to learn more.