Things You Should Not Tell Your Insurance Company After a Car Accident in San Diego
David Muñoz | April 14, 2022 | Car Accidents
After a car accident in San Diego, an insurance adjuster may contact you regarding an insurance claim. However, there are two crucial things you need to know about insurance adjusters:
- Insurance adjusters do not work for you; therefore, they do not have your best interest in mind; and
- Insurance adjusters search for evidence to deny your claim or undervalue damages.
When you talk with any insurance company representative, you need to be cautious. Claims adjusters, investigators, and other representatives are skilled and trained professionals. They use what you say to avoid paying fair compensation for your damages.
Below are six things you should not tell the insurance company after a car accident in San Diego.
- “I Don’t Know What Happened”
Do not admit that you are unsure what caused the accident. Your doubt could be used to blame you for causing the accident. For example, saying you do not remember how fast you were traveling leaves the door open to accusing you of speeding.
If the other driver’s insurance company can blame you for causing the accident, it doesn’t have to pay your claim. Even if the insurance company can only shift some of the blame to you, it can decrease the value of your claim under California’s comparative negligence rules.
Comparative negligence is the theory that allows the court to reduce the compensation you receive for an accident by the percentage of fault you have for causing the car crash.
Instead of saying you do not know what happened, you might want to say that your car accident lawyer will respond to those questions.
- “I Feel Fine” After the Accident
Saying you feel “fine” or “okay” after a car accident could be interpreted to mean that you are not injured. However, you might not know that you sustained a traumatic brain injury or internal injury until you begin experiencing additional symptoms.
Instead, say that you are still seeking medical treatment for your injuries. Prompt medical care after a car accident helps build a stronger case for damages. Report all symptoms to your doctor so they can notate your records and develop an accurate treatment plan.
- Contact Information For Other People
The insurance adjuster might ask you for other individuals’ names and contact information, including family and friends. The adjuster may say they need the information if they cannot reach you.
Do not give the insurance company contact information of anyone not involved in the accident. You do not want an adjuster questioning your family or friends about your activities or prior medical conditions.
- Unnecessary Details
Only answer the questions asked. Do not provide unnecessary details. For example, do not tell the insurance adjuster you were having a terrible day or your kids were arguing in the car right before the accident.
Insurance adjusters use unnecessary details to develop a scenario to support comparative negligence. For example, if you discuss how stressful your day was, the insurance adjuster might claim you were distracted while driving home.
- “I Will Sign a Medical Release”
You are not required to sign a medical release for the insurance company to investigate your claim. Instead, your personal injury lawyer will provide copies of medical records when it is time to settle your claim.
Signing a medical release allows the insurance company to obtain medical information that might not be related to the car accident. The company hopes to find a prior accident, medical condition, or injury. It may use the information to claim that your car accident injuries were caused by a pre-existing condition.
A pre-existing condition does not relieve the other driver from liability for damages. However, it can impact your claim. Therefore, tell your attorney about any prior accidents or injuries as soon as possible rather than telling the insurance company.
- “I Agree to Provide a Recorded or Written Statement”
Recorded and written statements are not advisable without an attorney. These statements could be used against you if your case goes to trial.
The insurance adjuster may aggressively push for an official statement. Refuse to provide the statement until you speak with a personal injury lawyer.
Do I Need a San Diego Car Accident Attorney to File an Insurance Claim?
You do not need to hire a lawyer to file an insurance claim after a car accident. However, seeking legal advice before talking to the insurance company can help you avoid mistakes that could hurt your claim.
Contact Our Car Accident Law Firm in San Diego Today To Get More Information
Mission Personal Injury Lawyers
2515 Camino del Rio S Suite 350, San Diego, CA 92108
We also serve the state of Texas. Contact our personal injury law office in El Paso for legal assistance today.