Sooner or later, someone from an insurance company is going to call. Maybe it is your own insurer. Maybe it is the other driver’s company. You may get a phone call while you are still dealing with repairs, medical appointments, or missed work. The question is simple: Should you talk to them? Usually, you will […]
Sooner or later, someone from an insurance company is going to call.
Maybe it is your own insurer. Maybe it is the other driver’s company. You may get a phone call while you are still dealing with repairs, medical appointments, or missed work.
The question is simple:
Should you talk to them?
Usually, you will need to communicate with the insurance company about the claim. The tricky part is knowing what information to provide, what questions to ask, and when a conversation may be better handled with legal advice.
If you have not dealt with the immediate aftermath of the crash yet, start with our guide on What to Do After a Car Accident: 15 Steps to Take. This article is about what happens once the insurance claim gets moving.
Ignoring the insurance company is rarely a good strategy.
Your policy may require you to notify your insurer about an accident within a certain period. The exact requirements depend on the policy and the state involved, so read your policy rather than guessing.
When you report the accident, give the basic facts.
Tell the insurer:
You do not need to turn a first phone call into a detailed argument about who caused the crash.
There will be time for that if liability becomes disputed.
After a claim is opened, the insurance company will usually assign a claims adjuster.
The adjuster investigates the claim and evaluates the loss for the insurer. Depending on the company, the adjuster may be an employee or an independent contractor.
You may speak with the adjuster several times.
They may ask about the accident, inspect the vehicle, request documents, review photographs, or discuss the amount of the claim.
This is a normal part of the claims process.
The important thing is to keep track of what happens.
Write down the adjuster’s name, the date of each conversation, what was requested, and what you provided.
NAIC specifically recommends keeping records of conversations with an agent or adjuster.
Stick to facts you actually know.
You can explain where you were, what direction you were traveling, what you saw and what happened during the collision.
If you do not remember something, say so.
There is no prize for having an answer to every question.
Suppose the adjuster asks, “How fast were you going?”
If you genuinely do not know your exact speed, do not invent a number because it sounds reasonable.
Say you do not know.
The same applies to distance, timing, traffic signals and what another driver was doing. Guessing can create problems later if other evidence tells a different story.
A recorded statement is different from a casual conversation.
An adjuster may ask to record your account of the accident. The insurer may use the statement while investigating the claim.
That does not automatically mean you should refuse to cooperate.
It does mean you should understand what you are being asked to provide before you start talking.
If you are unsure about a question, ask for clarification.
If you are being asked about a serious injury, disputed liability, or facts you genuinely cannot remember, getting legal advice before giving a detailed statement may be sensible.
The rules and practical considerations can differ depending on whether you are speaking with your own insurer or another driver’s insurer.
This distinction gets overlooked.
Your own insurance company may have obligations under your policy. You may also have contractual duties to cooperate with its investigation.
The other driver’s insurer has a different relationship with you.
You are generally dealing with that company because you are making a claim against its policyholder’s coverage.
That does not mean every request from the other insurer should simply be ignored. It means you should understand whose interests are involved and what the request is actually asking you to do.
If the other driver’s insurer wants a recorded statement, for example, you may want to get legal advice first when the accident involves serious injuries or disputed fault.
Insurance adjusters ask questions.
Some are straightforward.
“Where did the accident happen?”
Others can be harder.
“How far away was the other vehicle?”
“What exactly did you see before impact?”
“How fast was the other driver going?”
If you know, answer.
If you do not know, say that you do not know.
If you remember approximately, say that it is an estimate.
There is a big difference between remembering something and reconstructing it from a photograph later.
You do not need to make your story sound more certain than it really is.
Do not let the insurance company become the only place where the claim exists.
Create your own folder.
Save:
If you send a document, keep a copy.
If someone calls you, write down what was discussed.
It sounds boring.
It can become very useful later.
NAIC recommends keeping copies of correspondence and records of telephone and in-person contacts with the insurer.
The conversation should not be one-sided.
If the adjuster says the company will pay a certain amount, ask how that number was calculated.
If something is excluded, ask which part of the policy the insurer is relying on.
If a claim is denied, ask for the explanation in writing.
If the vehicle is being treated as a total loss, ask how the value was calculated and what comparable vehicles were used, where applicable.
You do not have to be confrontational.
A calm question can get you much more useful information than an angry phone call.
This is where many people simply accept the number because they are tired of dealing with the claim.
That is not necessarily the best approach.
Read the offer carefully.
Find out what the payment is supposed to cover.
For a vehicle claim, look at the repair estimate or valuation. For a claim involving injuries, look at the medical expenses and other losses that have been included or excluded.
Ask the adjuster to explain the calculation.
If something is missing, provide the relevant documentation and ask whether the offer can be reconsidered.
NAIC advises consumers who disagree with a settlement to try to resolve the difference with the insurer, ask questions, and request written explanations of claim decisions.
An initial offer is still an offer.
That does not mean the insurer is acting improperly. The company may simply be working from information that is incomplete.
Maybe the repair estimate changed.
Maybe additional medical treatment was documented.
Maybe the insurer did not have a particular bill or record.
Maybe you disagree with how the vehicle was valued.
Find out why the number is what it is before deciding what to do next.
Keep the discussion focused on the actual figures and supporting documents.
This can make a claim much more complicated.
You might believe the other driver caused the accident. The insurer may disagree.
Do not assume that one phone call settles the legal question.
Ask what evidence the insurer is relying on.
Is there a police report?
Are there photographs?
Did a witness give a statement?
Is there video?
Does the vehicle damage support the version of events?
Your evidence file matters here. If you have not yet read our guide on What Evidence Should You Collect After a Car Accident?, it explains the types of records that can help when the facts of a collision are disputed.
The rules concerning fault and damages differ by state, so a general internet article cannot tell you exactly how comparative fault will affect your claim.
Claims can take time, especially when the insurer needs additional information.
Still, silence is not a satisfying answer.
If you have been waiting for a response, contact the adjuster and ask for a status update.
Ask:
Write down the answers.
If the insurer continues to delay or you believe the claim is being handled improperly, your state insurance department may be able to help. NAIC notes that state insurance departments can assist consumers with complaints involving claim delays, denials, and other insurance-handling problems.
First, find out why.
Do not stop at “the claim was denied.”
Ask for the reason in writing.
Then read the relevant part of your policy.
Insurance policies are contracts. The wording matters.
A denial could involve a coverage issue, a dispute about liability, missing information, policy limits, exclusions, or another issue specific to the claim.
Once you know the reason, you can decide what to do next.
You may be able to provide additional information, ask for a review, contact the state insurance regulator, or speak with a lawyer.
The right path depends on the facts.
A claim involving minor vehicle damage is one thing.
A crash involving a serious injury is different.
Medical treatment can continue for weeks or months. You may miss work. Your future medical needs may not be obvious immediately. The value of the claim can also depend on facts that are not available during the first few days.
If the other driver’s insurer wants to discuss a settlement very early, do not assume that accepting money immediately is the only way to move forward.
Before signing a release or settlement agreement, understand what rights you are giving up and what the payment is intended to cover.
For a serious injury claim, legal advice can be useful before signing anything that permanently resolves the claim.
Read it.
Really read it.
A settlement agreement may contain a release that affects your ability to seek additional compensation for the same accident.
Do not sign simply because the adjuster says the paperwork is routine.
Ask what the agreement releases.
Ask whether the payment is intended to resolve the entire claim.
Ask whether outstanding medical bills, vehicle expenses, lost income or other losses are included.
If you do not understand the document, get professional advice before signing.
The exact legal effect of a release depends on the agreement and applicable state law.
You can disagree without turning the claim into a fight.
Keep emails short and factual.
Avoid insults.
Avoid threats.
Avoid long emotional explanations that do not answer the question being asked.
If you believe the insurer is wrong, explain why and point to the documents supporting your position.
“Your valuation does not include the recent repair records I sent on September 12” is much more useful than “Your company is trying to cheat me.”
Stay focused.
There is no universal point at which every accident requires an attorney.
A lawyer may be worth considering when:
A consultation does not necessarily mean you have to file a lawsuit.
It can simply help you understand what the claim involves and what options are available.
You do not need a complicated system.
Before a call, have your claim number and relevant documents nearby.
During the call:
After the call, save your notes with the rest of the claim file.
That’s it.
A little organization can prevent a surprising amount of confusion later.
Talking to an insurance company after a car accident is usually part of the claims process.
The goal is not to avoid every conversation.
It is to handle those conversations carefully.
Report the accident. Cooperate with legitimate parts of the investigation. Keep records. Ask questions. Do not guess when you do not know an answer. And do not rush into a settlement simply because you want the claim off your desk.
If the situation becomes complicated, especially when serious injuries or a dispute over fault are involved, consider getting advice before making a decision that cannot easily be undone.
