SKIP TO CONTENT If you were recently involved in a car accident, you’re likely receiving some well-intentioned advice from family members and friends. One refrain you’re likely to hear is: “Don’t talk to the other driver’s insurance company.”
But is this legitimate advice, and when should you actually follow it? Learn when you should talk to the other driver’s insurer and how to effectively navigate these conversations without compromising your case.
Determining Whose Insurance You Should File a Claim Through
If you want insurance to pay for your car accident damage, you need to speak with an insurer to at least provide the facts of the accident. However, the insurance company through which you file the claim depends on who was at fault for the accident.
Oklahoma is an at-fault state for insurance claims, meaning the liable party is financially responsible for the accident. But the state also follows a modified comparative fault system, meaning multiple parties involved in an accident can share fault. If your percentage of fault is greater than 50%, you cannot recover any damages from the other driver and would need to put expenses on your personal auto policy instead.
If the other party in your accident was clearly at fault, you’ll likely file a claim through their insurer. But if the fault is unclear, you may contact your own auto insurance provider first to initiate the claim. They will reach out to the other driver’s car insurance company to investigate the accident and determine whose policy will cover it, if any.
Should You Avoid Talking to the Other Driver’s Insurance Company?
If the other driver was responsible for your accident, their insurance carrier will likely reach out to you within a few days of the crash to gather details for the insurance claim. Should you avoid speaking to them?
First, understand that you are not legally required to speak with the other party’s insurance representative. You can have your attorney speak to them on your behalf, or you can simply say, “No comment.”
However, if you wish to file an insurance claim through this company, you will need to establish some communication with them. Taking caution during your conversations can help you avoid saying something that the insurer interprets as you admitting fault or that otherwise compromises your claim.
Tips for Navigating Conversations With Insurance Adjusters
Relaying details about the accident to the other driver’s insurance company may be necessary if you want to file an insurance claim. Follow these tips to ensure a successful conversation:
- Understand that the insurance adjuster is not on your side. They may seem friendly, ask you how you’re doing, or attempt to engage in small talk. This could be a tactic to encourage you to speak freely, leading to statements that affect your claim.
- Don’t agree to a recorded statement. You are not required to give a recorded statement. Even seemingly innocuous statements on your part could be used against you if you’re not careful.
- Keep the details to a minimum. Adjusters may ask detailed questions to clarify the facts, but it’s important that you answer these questions as succinctly as possible.
- Avoid speculating. Only tell the adjuster what you know to be true. If they ask a question you don’t know the answer to, saying “I don’t know” is better than speculating and potentially hurting your case.
Let Us Communicate With the Insurance Company on Your Behalf
If you are concerned about speaking with the other driver’s insurance company, let the experienced legal professionals at Bryan Garrett PLLC handle this task for you. Contact us today at (405) 369-4498 to schedule a consultation with our car accident attorneys.
FREQUENTLY ASKED QUESTIONS (FAQ):
Q1: Am I required to talk to the other driver’s insurance company after an accident?
A1: No, you are not legally required to speak with the other driver’s insurance representative. You can have your attorney communicate on your behalf, or simply decline to comment.
Q2: What should I avoid saying to the other driver’s insurance adjuster?
A2: Avoid agreeing to a recorded statement, speculating about details, and giving more information than necessary. Keep your responses succinct and stick to the known facts.
Q3: What should I do if I’m unsure about talking to the other driver’s insurance company?
A3: If you are concerned, consult with an attorney or let them handle communications with the insurance company on your behalf. This can protect your interests and claim.
