After a car crash, you need to report the accident to your insurance company. Making this call protects your legal and financial interests, even when the other driver caused the crash. A personal injury attorney provides valuable guidance in these communications and manages the entire claims process for you.
You might have questions about your next moves and concerns about the financial impact. Following an auto accident, you need to make smart, informed decisions to protect yourself and your family. Handling the fallout from a car wreck involves more than just repairing your vehicle.
A car accident lawyer builds your legal strategy, handles the details, and works to secure the compensation you need to move forward from this difficult event.
Key Takeaways
- You generally must report any accident to your insurer, as it is part of your policy agreement.
- Reporting the incident allows you to access important coverages, such as MedPay or Uninsured Motorist protection.
- An attorney manages all communication with insurance companies, protecting the value of your claim.
Contacting Your Insurance Company
After an accident, you may hesitate to contact your insurance provider. This is a common reaction, often stemming from a fear of rate increases. However, your auto insurance policy is a contract.
Most policies include a clause that requires you to report any accident in a timely manner, regardless of who was at fault. Fulfilling this contractual duty is the first reason for making the call. In some cases, not reporting the accident may give the insurer grounds to deny coverage later if you need it.
Advantages of Your Policy
Beyond your duty to report, your policy may contain coverages that provide immediate help. For example, your policy's Medical Payments (MedPay) coverage can pay for your initial medical expenses.
You can use this benefit without waiting for the other driver's insurance to accept liability. This can ease financial pressure while your claim develops.
Another critical coverage is Uninsured/Underinsured Motorist (UM/UIM) protection. If the at-fault driver has no insurance or carries a policy with limits that are too low to cover your damages, your UM/UIM coverage steps in.
Navigating Communication With the At-Fault Driver's Insurer
Soon after the accident, you’ll likely get a call from the other driver's insurance adjuster. This person’s job is to resolve your claim for the lowest possible amount. Adjusters are skilled negotiators who represent their company’s interests, not yours.
You’re not obligated to speak with them, especially early in the process. Anything you say can be used to diminish your claim. A personal injury lawyer can take over all communication for you.
An attorney knows exactly how to handle these discussions, what information to provide, and how to frame the facts of the case. Letting a professional manage this interaction frees you to focus on your recovery.
The Dangers of a Recorded Statement
The other driver's insurance adjuster will likely request a recorded statement. They may present this as a standard procedure or a necessary step to process your claim. You have no legal obligation to provide a recorded statement to the at-fault party's insurer. Politely decline this request.
Adjusters may ask questions designed to elicit responses that can be interpreted in a way that damages your claim. They may ask about your injuries, and any uncertainty in your answer can be used to argue your injuries aren’t severe.
An attorney provides the insurance company with all the necessary information through carefully prepared written documents. This controlled flow of information prevents the insurer from twisting your words.
What Information To Share (and What To Withhold)
When you do speak with an insurer (even your own), keep the conversation brief and stick to the basic facts. Confirm your name, contact information, and the date and location of the accident. You don’t need to discuss details of the crash, the extent of your injuries, or your medical treatment.
When it comes to sharing information, here are some points to remember:
- Your Injuries: Don’t downplay your injuries or speculate on your recovery time. It’s acceptable to say you’re still under a doctor's care.
- Settlement Offers: Don’t accept an immediate settlement offer. Early offers are almost always too low and won’t account for the full extent of your future medical needs or other damages.
- The Accident: Don’t apologize or accept any portion of the blame. Even a simple "I'm sorry" can be misconstrued as an admission of fault.
- Medical History: Don’t sign any medical authorization forms provided by the other driver’s insurance company without having them reviewed by an attorney. These forms often grant broad access to your entire medical history, which the insurer can use to argue your injuries were pre-existing.
How California's At-Fault System Affects Your Claim
In California, the person who is legally responsible for causing the crash is also responsible for paying for the damages. When you file a personal injury claim in California, you’re pursuing compensation from the at-fault driver's liability insurance.
The other driver's insurance company will conduct an investigation to determine who was at fault. An adjuster will review the police report, talk to witnesses, and inspect the vehicles. Their goal is often to find a way to shift some or all of the blame to you.
Pure Comparative Negligence
Pure comparative negligence means that you can still recover damages even if you’re partially at fault for the accident. However, your total compensation award is reduced by your percentage of fault.
This rule sometimes makes insurers eager to take a statement you made out of context or misinterpret evidence to assign you a percentage of fault. A minor, incorrect assignment of fault can significantly reduce the amount you receive.
6 Steps To Protect Your Car Accident Claim
If you have already received medical care, organize your case and prepare for the claims process. These steps help preserve the value of your claim and support your attorney's efforts:
- Organize Your Documents: Create a file and gather every piece of paper related to the accident. This includes the police report, the information exchanged with the other driver, and any correspondence from insurance companies. Keep a digital copy of these documents as a backup.
- Document Your Recovery: Keep a journal and note your pain levels, medical appointments, and how your injuries affect your daily life. This documentation provides a detailed record of your experience that is valuable later.
- Keep All Receipts: Save every receipt for accident-related expenses. This includes prescriptions, medical devices, transportation to doctor's appointments, and any other out-of-pocket costs. These items are part of your damages claim.
- Preserve Vehicle Evidence: Take photos of your car from multiple angles before it’s repaired. If the other party's insurer wants to inspect your car, you can allow it, but don’t authorize repairs until you have discussed the property damage claim with an attorney.
- Be Careful on Social Media: Refrain from posting about the accident, your injuries, or your activities on social media platforms. Insurance companies actively search social media for photos or posts they can use to argue that your injuries aren’t as severe as you claim.
- Contact a Car Accident Attorney: The most impactful step you can take is to speak with a lawyer. An attorney can provide guidance on all the previous steps and take over the management of your claim.
These organized steps strengthen your position, whether you’re filing a claim with the at-fault driver’s insurance or a UM claim with your own. It shows you’re serious about your compensation and helps your legal team build the most compelling case possible.
How a Personal Injury Lawyer Helps Your Car Accident Claim
Facing the insurance claims process alone can be a difficult challenge. A personal injury lawyer does much more than just offer advice. They take active control of your claim to protect its value and fight for a fair outcome.
A lawyer helps in the following specific ways:
- Investigation: Your attorney conducts an independent investigation into the accident. They secure evidence like police reports, witness statements, and traffic camera footage to prove the other driver's fault.
- Communication Management: They handle all communications with every insurance company involved, even your own. This stops adjusters from contacting you directly and prevents you from making any statements that could weaken your case.
- Damage Calculation: Your lawyer works with medical and financial professionals to accurately calculate the full value of your claim. This includes current and future medical costs, lost wages, diminished earning capacity, and pain and suffering.
- Claim Submission: They prepare and submit a comprehensive demand package to the insurance company. This package details the legal basis for your claim and includes all supporting documentation of your damages.
- Negotiation: Your attorney negotiates with the insurance adjuster on your behalf. They counter low settlement offers and argue for a payment that fully compensates you for your losses.
- Litigation: If the insurance company refuses to offer a fair settlement, your lawyer can file a lawsuit and take your case to court.
Hiring an attorney removes the burden from your shoulders. It allows you to focus on your medical recovery and return to your life, confident that a professional is protecting your interests.
FAQ for Do I Call My Insurance if the Car Accident Wasn't My Fault?
What Happens if the Other Driver Was At Fault in an Accident?
When the other driver is at fault, their liability auto insurance is responsible for paying for your damages. This includes your medical bills, lost income, vehicle repairs, and compensation for pain and suffering.
You’ll typically pursue your claim through their insurance carrier, a process known as a third-party claim. A lawyer helps prove the other driver's fault and ensures you claim all available damages.
Will My Insurance Go Up if I File a Not-at-Fault Claim?
In California, it’s illegal for your insurance company to raise your premiums if you weren’t principally at fault for an accident. Reporting an accident as required by your policy or using your MedPay or Uninsured Motorist coverage should not result in a rate hike.
Should I Give a Recorded Statement to the Other Insurance Company?
No, you should politely decline any request from the at-fault driver's insurance company to provide a recorded statement. These statements aren’t for your benefit. The adjuster can use your words, taken out of context, to dispute your claim or assign partial fault to you.
Allow your personal injury attorney to handle all communications.
How Do I Handle a Car Accident Claim When I’m Not At Fault?
First, report the accident to your own insurance company to protect your policy rights. Second, seek immediate legal advice from a car accident lawyer before speaking to the other driver's insurer.
Your lawyer can then manage the claim, gather evidence, calculate your damages, and negotiate for a fair settlement on your behalf, protecting you throughout the entire process.
Why Do I Call My Insurance if the Car Accident Wasn't My Fault at All?
You call your own insurance company for two main reasons. First, your policy likely requires you to report all accidents.
Second, it gives you access to important benefits you paid for, like Medical Payments (MedPay) coverage for immediate medical bills or Uninsured/Underinsured Motorist (UM/UIM) coverage if the at-fault driver lacks sufficient insurance.
Reporting the incident is a protective measure that opens up options for your recovery.
Let Us Guide Your Claim
After a not-at-fault car crash, deciding your next steps can feel like a heavy weight. Instead of carrying the burden alone, place your claim in the hands of a dedicated legal team.
At Legal Fighters, we handle the complexities of insurance claims so you can concentrate on your health and your family. Contact us today for a free consultation at (800) 210-0000 and let us start fighting for you.