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What Do I Do If The At-Fault Driver’s Insurance Company Contacts Me

Attorney Brian Brunson - Dallas Personal Injury Lawyer

After an accident, you’re probably going to receive a phone call from the insurance company of the other driver involved, also known as the adverse driver. Generally speaking, it is not in your best interest to have a conversation or arrange a meeting with the adjuster representing the other driver, regardless of who was at fault for the collision. This principle applies to various types of accidents involving cars, trucks, motorcycles, bicycles, and more.

To put it bluntly, you are never under any obligation to engage with or converse with the other driver’s insurance adjuster. Reiterating this point for clarity and emphasis: there is absolutely no requirement for you to communicate with or meet the representatives or adjusters from the opposing insurance company. However, it is important to note that conversing with your own insurance company representative is likely necessary in order to initiate and facilitate your insurance claim process. This step is generally advisable even if your own insurance policy does not provide coverage for the specific claim.

Should I Speak With Them Or Not?

A crucial question to consider is whether or not you should engage with the at-fault driver’s insurance adjuster even when there is no legal mandate to do so. As a general guideline, it’s best not to have discussions with the at-fault driver’s insurance adjuster, particularly if there is potential for a personal injury claim being filed by any party involved in the accident. Additionally, if you have already secured representation through an attorney, it is strongly advised against speaking with or meeting the at-fault driver’s insurance adjuster.

Of course, life presents exceptions to most rules and guidelines.

There are certain circumstances where engaging with the at-fault driver’s insurance adjuster could be deemed acceptable. For example, if the other driver was undeniably at fault but has neither filed a claim nor communicated with their own adjuster. Another instance might be when the at-fault driver has provided false information regarding accident details to their own insurance adjuster. Unfortunately, this occurs all too frequently. Keep in mind that at-fault driver’s insurance adjusters may intentionally distort facts to create the appearance that their insured party was not at fault despite clear evidence to the contrary.

As such, there are inherent risks associated with discussing any aspect of the accident with any party other than your attorney. The natural tendency for an at-fault driver’s insurance adjuster is to assign blame to everyone involved in the accident except for the individual who was truly at fault.

In some cases, it may be necessary to communicate with the at-fault driver’s insurance adjuster in order to get your vehicle repaired or replaced. If you find yourself in this situation, never discuss any injuries you might have sustained – doing so would be extremely unwise. It is essential to keep conversations limited solely to matters relating to the resolution of vehicle damages and avoid falling into a trap where you may be subjected to an unwarranted interrogation.

Follow These Guidelines When Talking To Insurance Adjusters

1. It is always preferable to have your attorney or a representative from your own car insurance company communicate with the at-fault driver’s insurance adjuster. This is especially true when dealing with major accidents. Nonetheless, there are situations, such as minor accidents or instances where you have not yet hired an attorney, where talking to the at-fault driver’s insurance adjuster is unavoidable. During these interactions, it is crucial that you remain cautious about what you disclose, as anything you say could potentially be twisted and used against you during the claims process.

2. Do not underestimate the intentions of the at-fault driver’s insurance company. It is essential to remember that their primary objective is to pay you as little compensation as possible, or ideally, none at all. Never assume that they have your best interests at heart or are there to help you in any way. Insurance companies are highly profitable corporations and should not be confused with philanthropic organizations run by selfless individuals like Mother Teresa. Adjusters will contact you with the aim of gathering evidence that can be used to place blame on you for the accident, minimize the severity of your injuries, or allege that your injuries were pre-existing.

3. When speaking with the at-fault driver’s insurance adjuster, never make statements such as “I feel fine” or downplay your injuries. It is common for individuals to experience pain or increased discomfort the following day after an accident. Should you tell the adjuster that you were “just fine,” this could set you up for receiving minimal compensation for what ultimately becomes a significant injury. As both a physician and an attorney, I have found that many patients/clients often lack awareness of how severely they have been injured. Always keep in mind that anything you say to the at-fault driver’s insurance adjuster can potentially be used against you later on in an attempt to reduce or deny fair compensation for your injuries.

4. Do not volunteer any unrelated information or consent to having your statement recorded, either over the phone or in writing. Recorded statements are designed to lock you into a specific version of events, which the insurance company could later misinterpret. This includes your description of the nature and severity of your injuries or property damage. Please note that how you feel immediately after an accident might not accurately reflect how you’ll feel in the future, as many injuries take time before they fully manifest.

5. Avoid making guesses or speculations about the incident during your conversation with the insurance adjuster. If you are unsure about any aspect of the event, it is acceptable to respond with “I am not sure.” You should not feel pressured to provide an account that may later turn out to be incorrect. When answering questions, only share the most basic and objective details about the accident.

If The Insurance Company Is Calling You, Contact Us First

Named one of the “Best Car Accident Lawyers in Dallas” by Expertise.com, Brian Brunson is Dallas personal injury attorney who is dedicated to helping clients who have suffered a car, truck, or motorcycle injury through the negligent or wrongful conduct of other drivers. In addition, his professionalism is unmatched and the firms’ client reviews speak for themselves.

We proudly serve the Dallas-Fort Worth metroplex and surrounding areas, our office supports the legal needs of a wide variety of clients. Let the Law Office of Brian Brunson be your advocate in your time of need and help you put your life back together. If we can’t win or settle your case, you don’t pay a dime! We know it can be daunting to take that first step after you’ve been hurt. Contact Brian Brunson today via email or call us toll-free at 1-844-41-WRECK. We can help, when no one else will.

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