The short answer is no: you do not have to talk to the other driver’s insurance company. After a car accident, we recommend that you speak to an experienced car accident lawyer before speaking to your own or the other driver’s insurance company.
When you’ve been in a car accident with another driver, that driver’s insurance company may try to contact you. YOU DO NOT HAVE TO SPEAK TO THEM. In fact, you should not speak to them because any statements you make could be used against you in the future. You may be giving a recorded statement without even realizing it.
On the other hand, if you want your insurance company to provide you coverage, you will have to speak with them. Your policy will require that you promptly give notice of any accident. It is important to remember that your own insurance company is recording everything you say and even though your understanding at that time may be incomplete or confused, whatever you say will be a very important record of what happened. If this record contradicts something you say later it could impact your credibility and/or your claim.
Here are a few things to avoid and a few things to do with your own or another person’s insurance company:
Don’ts:
- Don’t give any unnecessary details.
- Don’t give a recorded statement until you consult with an attorney.
- Don’t sign anything. The insurance company may present you with legally binding contracts. Signing them could mean signing away your legal rights. That is why it is crucial to talk to an attorney before signing any forms.
- Don’t discuss fault or your injuries.
- Don’t guess. If you’re not sure of an answer, say you don’t know.
Do’s:
- Be honest.
- Contact the lawyers at Aversa & Linn. Speaking with an insurance company about a car accident may be a new experience for you, but it’s something we do everyday. We can assist you in making the process as smooth as possible.
After an Accident
To illustrate the issues in talking with an insurance company after an accident, let’s look at the “Fun Run” episode of The Office. In this episode, as Michael Scott is driving to work, he turns into the parking lot, looks away from the road for a few seconds until BAM! He hits something, and we see the body of Meredith (an employee) hit the windshield, then roll off the hood of the car onto the ground.
As a result of the accident, Meredith is hospitalized with a fractured pelvis. Does Meredith have to contact her own car insurance company? If Michael’s insurance company contacts her, what should she do? (We will assume there is no workers’ comp claim in this example.)
Pennsylvania (where The Office takes place), has a “no-fault” law for medical expenses in car accidents. This means that if you are injured in a car accident, no matter whose fault the accident was, your own car insurance will pay the medical bills, up to the policy limit. Then your health insurance would pay expenses beyond that. [1]
Ideally, Meredith would contact an experienced car accident lawyer before even contacting her own insurance company. But if she decides to call the insurance company first, she should give only the necessary facts.
Her own insurance company will pay her medical bills, but what if Meredith suffers non-economic damages like pain and suffering? Because she was a pedestrian at the time of the accident, regardless of what type of insurance Meredith has, her claim will be treated as Full Tort, and she would be able to pursue a claim against Michael for non-economic damages. (Click here for a full explanation of Limited Tort v. Full Tort.)
If Michael’s insurance company contacts Meredith, what should she do?
Again, ideally, Meredith would speak to an experienced car accident attorney before talking to Michael’s insurance company. If she does, the attorney will almost certainly handle all communication for her.
If she has not yet contacted an attorney and she decides to speak to Michael’s insurance company, she should remember the don’ts:
- Don’t give a recorded statement.
- Don’t give any unnecessary details.
- Don’t guess.
- Don’t discuss fault or injuries.
- Don’t sign anything.
If you are injured in a car accident, contact the experienced car accident lawyers at Aversa & Linn as soon as possible to discuss your ability to pursue a claim.
[1] Your health insurance company may have a right to be repaid for medical bills they pay due to your car accident if you get a settlement from the at-fault insurance company.
