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Do I Have to Give a Statement to the Other Driver’s Car Insurance?

August 12, 2022

Do I Have to Give a Statement to the Other Driver’s Car Insurance?

After you have been involved in a car accident with another vehicle, you might be contacted by an adjuster with the other driver’s insurance company to obtain a statement from you. Your obligation to provide a statement to the other driver’s insurer can depend on certain factors, such as whether you and the other driver have the same insurance carrier (since you have a duty to cooperate under the terms of your insurance policy). In any event, you should always exercise extreme caution when speaking to a representative from the insurance company. Here are a few tips to keep in mind with regard to giving the other driver’s insurer a statement after a car accident. 

Consult with an Attorney Before Talking to the Insurance Company

You should always decline to provide a statement to the insurance company until you have had a chance to consult with your car accident attorney. Even if you have a contractual obligation to provide the insurer with a statement, you can still request to speak to your attorney before you answer the insurance adjuster’s questions. In many cases, your lawyer can provide the information the insurance company needs, relieving you of the need to give a statement. But if the insurance company insists on exercising a contractual right to demand a statement, your attorney can prepare you for the conversation with the adjuster so that you don’t inadvertently jeopardize your claim or your rights.

Avoid Admitting Fault

If you are caught off guard by a phone call from an adjuster with the other driver’s insurance company, one of the most important tips to keep in mind is to avoid saying anything that might be construed as admitting partial or sole fault for the accident. Adjusters have training and experience in asking accident victims questions in such a way as to elicit a statement that, whether taken in or out of context, can be cited by the insurer as evidence that you know you were partially or entirely at fault for the crash. Even saying something as simple as “I’m sorry,” although offered out of empathy for the suffering that the other driver might be going through after the crash, might be used by the insurance company to pin blame for the accident on you. 

Do Not Discuss Your Injuries

When an insurance adjuster calls you, they may ask you how you are doing after the accident. However, these questions are intended to get you to say something along the lines of “I’m okay” or “I’m fine,” which the insurer can later use to argue that you were not badly injured in the accident. If an adjuster asks you how you are doing or asks you a more pointed question about the injuries you suffered in the accident, you should decline to discuss specifics about your injuries. It is enough to say that you are still treating your injuries and your attorney will follow up with the insurance company once you have completed treatment. You should also decline to provide the insurer with your medical records, as they will look through your medical history for anything they can use to argue that you may have caused the accident due to a medical condition or that your injuries were the result of a pre-existing condition. 

Contact a Rochelle Park Personal Injury Lawyer to Discuss Your Car Accident Case in New Jersey

Did you or a loved one sustain serious injuries due to a car accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at The Epstein Law Firm represent clients injured because of car accidents in Jersey City, Union City, Bayonne, Hoboken, and throughout New Jersey. Call (201) 380-7687 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 340 West Passaic St., Rochelle Park, NJ 07762.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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"The Epstein Law Firm recently obtained a multi-million dollar settlement in an extremely complex and difficult financial services case. He and his team not only mastered the complex issues in the case, but also expertly handled all aspects of the negotiations. I cannot thank Michael enough for his dedication and hard work, and I highly recommend him and The Epstein Law Firm for those who need smart, creative, and aggressive lawyers who put their clients’ interests first.”

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