Being involved in a Texas car accident is frightening. Yet most accident victims feel more overwhelmed by the insurance claim process in the aftermath. It can be confusing to know what to tell an insurance provider after a car crash. Knowing how to deal with auto insurance companies is not something that they teach you in driver’s education class.
What you say to the insurance company matters after a serious accident. Your words can affect your ability to seek fair compensation. Discrepancies in accounts of how the collision occurred can cause an insurance provider to deny your auto accident injury claim. Having an experienced personal injury attorney represent you after a car accident in Texas can put you in a better position to pursue a fair settlement.
Step 1: Prioritize Safety and Evidence Before Calling
The first step after any car accident is to prioritize your safety. That means getting to a safe location, contacting law enforcement, and seeking medical attention for your injuries. The police officers who investigate the accident will produce an accident report that will be part of the official record. It will provide a description of the accident, vehicle information, and the names and insurance information of the parties involved. If you are physically able, you should take photos of the accident scene.
You should take pictures or videos of the vehicle damage, roadway debris, skid marks, and traffic signs or signals. If witnesses are present at the scene, ask them to provide a brief statement about what they saw and obtain their contact information. Your attorney may need to contact them to provide witness statements.
Step 2: How Soon After an Accident to Call the Insurance Company
Most auto insurance policies require policyholders to report an accident to their insurance company promptly. You should notify your insurance company within 24 to 72 hours following an accident to protect your rights. Keep interactions brief and factual. You can provide basic details about the event, but refrain from speculation. Many policies require “prompt” reporting. Waiting too long to report an accident may violate insurance contract terms and lead to policy cancellation.
Step 3: What to Tell the Insurance Company After an Accident
You may wonder how soon after an accident to call insurance. Many insurers request that you provide a recorded statement detailing the circumstances of the accident. You should seek legal guidance from a personal injury attorney before providing a recorded statement. Insurers may use your words against you to diminish or deny your claim if you are missing details, misstate a fact, or offer too many opinions.
Never admit fault or apologize. Do not downplay the severity of your injuries or tell an insurer you “feel fine.” This can hurt your chances of recovering maximum compensation for your injuries.
Step 4: Dealing with the Other Driver’s Insurance Company
If another driver caused the auto accident that injured you, you may need to file a claim against the at-fault driver’s insurance coverage to seek compensation for your medical bills, lost wages, and vehicle repairs.
Do not assume that the other driver’s insurance provider will voluntarily offer a fair settlement to cover your losses. These are for-profit companies that prioritize profits. Generally, it is best to avoid direct communication with the other driver’s insurance company. Your personal injury lawyer can handle communications with the at-fault driver’s insurer and file a personal injury claim on your behalf.
Do not offer a recorded statement or sign any settlement agreement without legal representation.
Step 5: Common Mistakes to Avoid When Talking to Insurance Companies
The most common mistake accident victims make is thinking that the insurance company has their best interests in mind. They don’t. Insurance companies often offer lowball settlements to try to limit their liability. An experienced car accident lawyer can push back against insurance adjusters’ pressure tactics and take legal action.
Another common mistake is talking to the insurer before you have legal representation. You want a car accident attorney to explain your legal options and handle communication between you and all involved parties, including the insurance companies.
Accepting initial settlement offers from insurance companies and failing to seek an attorney’s guidance as soon as possible are costly mistakes that cost many injured people valuable compensation.
Step 6: When to Contact a Texas Car Accident Lawyer
The best time to contact a Texas car accident lawyer is right now. You want a knowledgeable attorney to review your case, calculate your medical expenses, and discuss your legal options as soon as possible.
An experienced injury attorney can help gather your medical records and preserve evidence to prove liability and give you the best chance of securing fair compensation. Having trusted legal representation takes the pressure off your shoulders so you don’t feel bullied into accepting an offer that doesn’t cover all your losses.
FAQs
Many people have questions after car accidents, especially what to tell an insurance company after an accident. Here are answers to some questions our attorneys commonly hear regarding dealings with insurers. Reach out to a Houston car accident attorney for more information.
How do you file a car accident claim in Houston?
Many insurance companies have apps and online forms you can use to start a claim. You can also call the insurer directly to begin the claim process. Before you file a car accident claim, be sure you have all the necessary information, such as your policy number, the other driver’s insurance information, vehicle property damage repair estimate, and a police report. If you have injuries, you should have an attorney review the accident and discuss your rights before filing a claim. The lawyer you choose can make all the difference in the outcome of your claim, so choose experience.
How can a lawyer protect you from insurance companies?
Experienced legal representation is essential to protect your legal rights after a serious car accident. A personal injury attorney can fight back against the aggressive tactics insurers sometimes use to pressure car accident victims into settling for less than the fair value of their claim. An attorney can build an evidence-based claim proving fault and showing the extent of your injuries. If the insurance company refuses to agree to a just settlement, your attorney can file a personal injury lawsuit while continuing to negotiate on your behalf.
What are common insurance company defenses in car accident lawsuits?
One defense tactic is to shift blame onto the victim. Under Texas’s modified comparative fault regulation, a victim’s compensation decreases by the same percentage as the fault they bear for causing the accident.
Insurers may also argue that a victim’s injuries are the result of a pre-existing condition and not due to the crash itself. An insurer may dispute a claim and contend that an accident victim’s injuries are not as serious as claimed because the individual did not seek immediate medical attention, or because there is insufficient evidence showing the injuries were caused by the crash.
Contact Our Houston Car Accident Lawyers to Learn More
Before providing any information to an insurer, consult a skilled Texas car accident attorney for assistance. At Fibich, Leebron, Copeland & Briggs, we have over 100 years of combined legal experience, providing strong and compassionate representation for accident victims. You can rely on our extensive experience for trusted guidance. Contact our office today and book a free case evaluation to learn more.