Importance of Handling Insurance Conversations Carefully After an Accident
Your first conversation with the insurance company will probably happen within a few days of the accident. Use caution when speaking to an insurance company. They may seem friendly and concerned about your well-being, but they have every reason to deny your claim or lowball your compensation if they think they can get away with it.
One of their strategies is to act friendly on the surface, to get you to open up and talk freely without thinking about the potential consequences. If you get too comfortable in the conversation, you may say something that they can use against you.
The person you are speaking with is not your friend but a representative of the company you are seeking money from. They don’t want to pay out any more than they have to, and one of their goals in the conversation is to look for reasons to pay out less.
How Your Statements Can Be Used Against You
When describing the accident, don’t say anything the insurance company could misinterpret as an admission of fault. For instance, if you say, “Maybe I was going a little too fast, but they should still have used their blinker before turning into the intersection,” then the insurance company will interpret that as an admission that you were partly responsible for the accident.
Before you call your insurance company, read over your policy. Keep an eye out for anything they might use to deny your claim. Think about what you want to say before you call so you don’t give them an opportunity to twist your words.
Establishing an Insurance Claim
Your first phone call to the insurance company will establish your insurance claim, so it’s best to have a solid plan ahead of time. There are two points to bear in mind:
- Keep it simple.
- Stick to the facts.
When Should You Notify Your Insurance Company About a Car Accident?
You should notify your insurance company about a car accident immediately, followed by the at-fault driver’s insurance company. Your insurance policy may require you to report the incident within a certain number of hours or simply require you to report it as soon as you can. Either way, you could jeopardize your claim if you don’t report it soon enough. This is another reason to dig out your policy and read it before you call, so you can make sure to call before the deadline. If you’re unsure of your ability to handle the conversation, contact a California personal injury lawyer for assistance.
How to Handle The Initial Phone Call with Your Insurance Company
In the first phone call with your insurance company, you should only give them the most basic information:
- Where the accident happened
- When the accident happened
- How the accident happened
Where and when are both straightforward, but keep them as simple as possible. For example, “I was hit by another car on June 15 at 2:00 pm at the intersection of Smith Road and Washington Ave.”
The “how” is where people get in trouble, but if you keep it simple and tell them just the facts, you should be fine. “The other driver rear-ended me when I stopped at the red light” is simple and factual. “I noticed the light was red at the last moment, so I slammed on the brakes, and the next thing I knew, I got hit from behind” is not simple enough and could be interpreted as an admission of partial fault. The more colorful your story, the greater the chance they could use it against you.
The Follow-Up Call with Your Insurance Company
Not long after your initial call, your insurance company will call you back for a follow-up conversation about the details of the accident. The insurance adjuster will ask you questions about:
- What happened to cause the accident
- Any injuries from the accident
- Any property damage
- Where the vehicle is now
- Any necessary repairs
The claims representative may also:
- Tell you what towing company you should use
- Give you the name of a repair shop authorized by the insurance company
- Tell you that they’re sending an adjuster out to examine the vehicle
If the insurance company does send someone to examine the vehicle, they may estimate the total cost of repairs or tell you the vehicle is a total loss.
In the follow-up call with the insurance company, keeping it simple and sticking to the facts is still essential. Even though they’re asking for more information, you still don’t want to expand on the facts more than necessary. You should also remember to:
- Cooperate with requests for information
- Give only accurate information
For instance, you should never claim to have suffered losses or injuries that didn’t happen or weren’t as severe as what you are claiming. If your information isn’t strictly accurate, your insurance company could deny your claim, and you could even get in trouble for attempted insurance fraud.
Communicating with the Other Party's Insurance Company
You will also probably get a call from the other driver’s insurance company. In this conversation, it is even more important to be cautious and avoid saying things that could be used against you. Remember these key points:
- Keep it simple
- Stick to the facts
- Don’t admit fault
- Don’t speculate
- Do cooperate
Remember, never say anything to suggest you were to blame for the crash, since the driver who is at fault is the driver whose insurance company will pay for the accident. Keeping it simple and sticking to the facts is the best strategy to avoid accidentally admitting fault.
Avoiding speculation is also vital because the insurance company’s lawyers can find ways to use speculative statements against you, too. For example, you don’t want to say, “Maybe my brakes were a little soft,” or “Maybe the other driver was speeding because I didn’t see him coming.”
Although you should avoid speculation and admissions of fault, you should also be as cooperative as possible without causing problems for yourself. If you stonewall the insurance company and don’t give them the information they need, they won’t be able to proceed with your claim.
You must provide all the necessary information to process your claim without giving the other party’s insurance company anything they can use against you.
Gathering Evidence and Documentation for Your Claim
If you were a driver in an accident in which anyone was injured or killed, California law requires you to file a written report about the accident with either the police or the Highway Patrol within 24 hours. You can meet this requirement by calling the police to the scene, as they will take an official report. You should request a copy of the police report about the accident, as this is essential documentation of your claim. Documenting everything is critical to pursuing full and fair compensation, and you should make a habit of requesting copies of any reports about the accident or your injuries.
Importance of Collecting Evidence at the Accident Scene
A lot of evidence is available immediately after an accident, and much of that evidence will never be available again. Of course, if you are so severely injured that you cannot collect evidence at the scene, then you won’t have any choice but to go back later to take care of it. However, you may be able to walk around and gather information even if you are injured. If possible, you should collect as much evidence as you can at the accident scene, including:
- Contact and insurance information of the other driver
- Photographs of the accident showing damage to the vehicles, skid marks on the road, any relevant signs, and multiple angles
- Statements from witnesses, along with names and contact details
- Photographs of your injuries
You should also seek medical attention immediately after the accident. Make sure to ask your doctor for documentation of your treatment and injuries. Medical evidence is some of the most substantial evidence in a personal injury case.
Understanding California's Minimum Insurance Requirements
According to the California Department of Motor Vehicles, all drivers must carry at least minimum insurance in case of an accident:
- $5,000 to cover property damage
- $15,000 to cover injury or death to one person
- $30,000 to cover injury or death to multiple people
It’s a good idea to carry more than the minimum amount of insurance if possible. Otherwise, your insurance policy may only cover some of your costs if you are found liable for an accident in California. This could result in you getting sued for the remainder of the damages even after your insurance company has paid a settlement in the case.
Whether the other driver has minimum insurance or a more substantial policy often determines how much you can expect to collect as compensation. More financially secure drivers often carry more coverage to protect themselves in the event of an accident.
Negotiating with Insurance Companies
Negotiating with an insurance company is a matter of documentation and persistence. The company may try to deny your claim or make you a lowball offer. They’re hoping you’ll back off rather than fight for the compensation you’re entitled to. Instead, you must stick to your guns and keep demanding full compensation backed up by extensive documentation of your medical expenses and other losses. The winning combination is your refusal to back down, plus clear evidence of the damages you’ve suffered.
Negotiating with Insurance for Fair Compensation
Bear these points in mind before you negotiate with an insurance company:
- Know the policy and what you are entitled to
- Don’t give up, and don’t settle for less
- Share evidence to support your claim
- Hire a lawyer to handle negotiations for you
You may well find it exhausting to struggle with the insurance company for the compensation you deserve, especially when you’re also trying to recover from your injuries. An experienced personal injury lawyer won’t find it exhausting, as to a lawyer, this is just an ordinary day at work.
Understanding the Diminished Value of Your Vehicle After an Accident
The fact that it has been in an accident can diminish your vehicle’s value, even if you have had it repaired and there are no apparent problems. You can pursue compensation for the diminished value of your vehicle by asking an appraiser to give you a diminished value assessment. After you submit this assessment to the insurance company, you can request compensation for your losses. As with every other aspect of a car accident case, documentation is critical to full compensation.
Dealing with Insurance Disputes and Denials
Of course, just because you filed a claim with the insurance company, there is no guarantee that they will simply pay what you are asking for. They may deny the claim altogether or make a lowball settlement offer.
Common reasons for denials and disputes include:
- You may have filed your claim later than the insurance company prefers.
- You may have claimed damages excluded by the insurance policy.
- You may have claimed damages exceeding the limits of the policy.
- The insurance company may claim a preexisting condition caused your injuries.
- The insurance company may claim their insured driver was not at fault for the accident.
If the insurance company denies the claim, you can file an appeal. Don’t panic if this happens. It is often just the first step toward an eventual resolution.
How to Appeal a Denied Insurance Claim in California
If the insurance company denies your claim, you should receive a letter explaining the reasons for the denial. When you get the letter, review it carefully and make sure you understand it, then take steps to file an appeal:
- Make your claim stronger with additional medical records, witness statements, or other evidence
- Find out the appeals process for your insurance company
- Submit a written appeal that addresses the specific reasons for the denial and refutes them all with evidence
The more thorough you have been about collecting documentation of your damages, the stronger your appeal will be. Keep copies of everything the insurance company sends you and everything you send them. This documentation will help if you end up taking the company to court.
The Process of Resolving Disputes with Insurance Companies
If you have a dispute with an insurance company, you can resolve that dispute through mediation, arbitration, a complaint to the California Department of Insurance, or legal action.
Mediation is when a neutral mediator helps you and the insurance company resolve the differences between your positions. Not every insurance company offers mediation as an option.
Arbitration is when an arbitrator reviews the claim and makes a decision both parties must follow. There is a risk the arbitrator may rule against you.
The California Department of Insurance handles complaints against insurance companies but will only rule in your favor if the insurance company has somehow violated California regulations.
You can also resolve your dispute with the insurance company by hiring an experienced California personal injury lawyer. Your attorney can handle negotiations for you and represent you in court if your case goes to trial.
Handling Uninsured Driver Situations
What if the other driver is uninsured? This is a difficult situation, considering that you are probably counting on the other driver’s insurance to cover your expenses in case of an accident. This is why it’s a good idea to carry uninsured motorist coverage in case you get in an accident with an uninsured driver. Uninsured motorist coverage can pay for your medical expenses and repairs to your vehicle. However, not everyone carries this type of coverage.
What to Do if You're Involved in an Accident With an Uninsured Driver in California
If you’re in a car accident with an uninsured driver in California:
- Exchange contact information with the other driver
- Take photos of the car accident scene to document what happened
- Get a copy of the police report
- Hire a California car accident lawyer
A lawyer can help you pursue damages from an uninsured driver by going after their assets or other sources of compensation. It is harder to recover damages from an uninsured driver, but a skilled lawyer can help you pursue as much compensation as possible.
Can You File a Claim if the Other Driver Is Uninsured in a California Car Accident?
Even if the other driver is uninsured, you can still file a claim with your insurance company if you have uninsured motorist coverage. You can carry different amounts of coverage depending on how much you want to spend on insurance, but the policy will only pay up to your coverage limits. Otherwise, a lawsuit against the other driver may be your best chance to pursue compensation.
Assessing and Pursuing Personal Injury Claims
How can you assess your injuries accurately to determine how much compensation you should pursue? This is a difficult question to answer because there are so many variables, but a California car accident attorney should have the experience needed to help you make an accurate assessment. Factors to consider include:
- Your medical expenses, including medications and ongoing care
- Your lost wages due to time away from work
- The severity of your injuries
- Your pain and suffering
- Any preexisting conditions
- How much insurance coverage the other driver was carrying
- Whether you were partly at fault for the accident
To increase the value of your claim, you must document everything. The more evidence you have of your damages, the more your personal injury claim is worth. Request copies of police reports, medical reports, lab testing, doctor’s notes, and anything else that may support your case.
How Long After a Car Accident Can You Sue?
The California statute of limitations for a personal injury lawsuit is two years. If you try to file suit after two years have passed, the court will dismiss your case. Two years might seem like a long time, but it can pass sooner than you think, especially if you are distracted by the process of recovering from your injuries or the insurance company is delaying their response. Don’t wait too long to take action on your claim.
Common Questions About Insurance and Accidents
If you’ve been in an accident in California, you probably have a lot of questions. After all, most people don’t deal with car accidents every day and don’t know what to expect when it happens to them. The most common and important questions are what not to say when talking to an insurance company, how long the insurance company has to investigate the claim, what happens if you are partially at fault, how long you have to report the car accident in California, and whether you can sue the other driver after an insurance settlement.
What Should You Not Say When Talking to an Insurance Company?
You should never say anything to an insurance company that might imply you were at fault for the accident. The insurance company doesn’t want to pay your claim, and any admission of fault can make it easier for them to deny your claim.
To keep yourself from making a mistake in your conversations with the insurance company, just remember to keep it simple and stick to the facts. As long as you do that, you shouldn’t accidentally say anything that could be taken as an admission of fault.
How Long Does an Insurance Company Have to Investigate a Claim?
The insurance company must report on the findings of their investigation within 40 days. If they cannot meet this deadline, they may file for an extension, but then they must remain in contact at least once every 30 days until their investigation is complete. If you feel the insurance company is taking too long to complete their investigation, consult your attorney.
What Happens if You Are Partially at Fault for a Car Accident?
California car accident law follows a system known as “pure comparative negligence.” You can still recover compensation if you are partially at fault for a car accident in California, but the court will reduce your damages based on your percentage of fault. For example, if you are found to be ten percent at fault for the accident, the court will reduce your damages by ten percent.
While this law only applies to court judgments, insurance companies base their settlement offers based on what they think will happen at trial. This is why you should never say anything to an insurance company representative implying that you were partially at fault for the accident. Partial fault means partial compensation.
How Long Do You Have to Report a Car Accident to Your Insurance Company in California?
How long you have to report a car accident to your insurance company depends on what it says in your policy. Check your policy as soon as possible after an accident to see how much time you have, and make sure to file your report before the deadline.
According to California law, you must also file a report of an accident involving injury or death with the local police or the California Highway Patrol within 24 hours and to the Department of Motor Vehicles within ten days. You can meet this reporting requirement by calling the police from the scene, as they will take an official report of the incident.
Can You Sue The Other Driver After Insurance Pays in California?
You can sue the other driver after an insurance settlement in California, but only under certain circumstances. Insurance companies typically offer a settlement to avoid being sued, so they will ask you to sign a release form as a condition of the settlement. The release form prevents you from filing a lawsuit unless you can prove the settlement was based on fraud or coercion. This is a challenging type of case to win, so you should definitely hire a personal injury lawyer in that situation.
In some cases, you can sue the other driver directly if the insurance settlement is too small to cover your costs. This can happen if you suffered major injuries, but the other driver was only carrying the minimum insurance required by law.
Seeking Legal Representation to Handle Communication
You can file an insurance claim yourself without the help of an attorney, but that doesn’t mean it’s a good idea. Talking to insurance companies after an accident is a tricky business. It’s all too easy to make mistakes, especially when you’re distracted by everything else you have to deal with after an accident.
How can you make sure you don’t make any mistakes? Hiring a California car accident attorney is a smart choice. An attorney can help you with many issues that could otherwise be stressful and overwhelming:
- Investigating the accident
- Interviewing witnesses and getting their statements
- Requesting video of the accident
- Requesting police reports
- Requesting medical records
- Handling communication with the insurance company
Out of all the things a lawyer can do for you, handling your communications with the insurance company may be the most important. A lawyer will know how to answer the insurance company’s questions without saying anything that they can use against you.
A lawyer will also know how to estimate the real value of your case, giving you a huge advantage in your negotiations with the insurance company. If you don’t know what your case is really worth, you may be tempted to accept a settlement offer that won’t cover your actual costs.
By the time you figure out what those costs really are, it may be too late to get a larger settlement. By hiring a lawyer who understands personal injury law, you can pursue the settlement you really need.
Why Should You Hire a Car Accident Attorney?
There is a difference between compensation and life-changing compensation. In the months and years after an accident, it often becomes apparent over time that the effects of the accident are genuinely life-changing. Shouldn’t you seek appropriate compensation for the injuries you’ve suffered?
Contact Our East Bay Car Accident Attorney
Casper, Meadows, Schwartz & Cook is a full-service personal injury firm, serving Walnut Creek, California, since 1979. Our goal is to help you obtain life-changing compensation for the life-changing injuries you have suffered.
We don’t charge anything for case evaluations, so if you have any doubts about your case, we can review it for you and give you our professional opinion. We don’t charge anything at all unless we succeed in obtaining compensation for you. Until that happens, we’ll cover all the costs of investigating and prosecuting your case.
Over the years, we have recovered more than $375 million for our clients. We’ve been voted the best attorneys in Northern California. If you’ve been injured in a trucking accident in Northern California, contact Casper, Meadows, Schwartz & Cook today.
