What Do I Do When the Insurance Company Contacts Me?
When a person is in an auto accident, there are many things that happen at the site of the accident, including contacting the police, obtaining the other driver’s insurance information, getting all vehicles out of the way of other vehicles, and receiving necessary emergency medical treatment. Undoubtedly, there is a tremendous amount of stress and physical pain involved in this process. The last thing that you need is to deal with the insurance company for the driver who injured you as his sole purpose is to limit the amount of money that you can recover. However, they will be in touch sooner than you may anticipate. This does not mean that you are forced to talk to them on their terms.
As soon as you can after your auto accident, you should file a report with your insurance company. If it is possible to do this before you seek medical attention, your insurance agent may be able to help you get your vehicle someplace safe where it can be appraised for damage. When you do speak with your agent, give them a basic recitation of the facts of the accident, specifically, the when, where, and how, but do not make statements about who was at fault. However, this advice only applies to YOUR insurance company. When you are contacted by the other driver’s insurance company, you are well within your rights to refuse to talk to them, especially if you already have retained experienced auto accident attorneys like those at Lundy Law.
There is a very clear reason why the insurance company for the other driver will try to contact you right away. States have different methods of determining fault and allowing recovery of damages. Pennsylvania, New Jersey, and Delaware all have adopted a “modified comparative fault” allocation of liability. What this means is that a person who was injured in an accident can recover compensation for the harm that was done to him if he was up to forty-nine percent (49%) responsible for causing the accident. For example, if the jury determines that you were forty percent at fault for the accident and your damages were $100,000, then you can recover $60,000, or sixty percent of the total damages award. However, if the jury determines that you were fifty-one percent (51%) responsible for the accident, you recover $0. Therefore, it is in the best interests of the other driver’s insurance company to get you to admit liability on the record. The insurance representatives are very good at their jobs, so do not give them a chance to trick you into admitting something that may not be true.
An accident is one of the most traumatic events that a person will experience in their lives. Although you may think that you have a clear understanding of the accident and how it happened, often this is a false perception. It is best to avoid making any statements until you have had the chance to retain experienced personal injury attorneys who are able to investigate the site of the accident and gather evidence about what really happened.
The experienced auto accident attorneys at Lundy Law understand how insurance companies and their representatives operate. We understand the tactics that they use to attempt to minimize the damages that you recover, regardless of the extent and seriousness of your injuries. Our attorneys are ready to fight to get you the compensation that you deserve and we have the skills to accomplish this. In order to ensure that you have access to the best legal representation, we offer the No Fee Assurance, where you do not pay any fees or costs unless we win your case. To begin the process of recovery, please call us at 1-800-LundyLaw, or complete our free online consultation form.