When another driver causes a car accident, many people wonder whether they need to involve their own insurance company in the process. Yes, you do—but there's a lot more to consider when protecting yourself after an accident that wasn't your fault. For one, you will want to be careful every time you speak with insurance companies, as their motive may be to pay you as little as possible for your losses.
You may want to contact your insurance company to report the accident, but it's best to have a car accident attorney handle more in-depth conversations with insurance representatives. Your attorney will protect you, demand fair compensation from insurers, and manage the claims process so you can focus on your recovery.
Why You Should Typically Call Your Insurance Company After an Accident
Even when another driver caused the accident, contacting your own insurance company serves several essential purposes. Your insurer needs to know about any collision involving your vehicle, regardless of who was at fault. Your policy terms likely require you to report the accident, and that is reason enough to contact your insurer.
There are also practical scenarios where your own coverage becomes essential. If the other driver is uninsured (as many drivers are), underinsured, or their insurance company disputes fault, your own policy may be the only way to get your vehicle repaired and your medical bills covered promptly.
Some of the key benefits of calling your insurance after the car accident include:
- Immediate claim support and guidance through the process
- Access to preferred repair shops and rental car services
- Protection against delays from the other driver's insurance company
- Coverage activation for uninsured/underinsured motorist benefits
While your insurance company may ultimately provide compensation and advocacy, you should never trust an insurance provider too much. Even your own insurance company has financial motivations that do not align with yours. Instead, hire a car accident attorney with no conflicts of interest and every intention to secure fair compensation for you.
What to Say to Your Insurer After the Crash
When reporting an accident to your insurance company, stick to the basic facts without speculation or assumptions about fault. The essential information to provide includes:
- The date, time, and exact location of the accident
- A description of how the accident occurred without assigning blame
- The other driver's information, including name, phone number, and insurance details
- The police report number (if officers responded to the scene)
- Witness contact information, if any bystanders saw what happened
- Your initial assessment of vehicle damage and any apparent injuries
If you’re in doubt about whether you should share information with an insurance company, say less. Once you hire your car accident lawyer, they can take over communications with insurance companies to ensure nothing said compromises your claim.
What Not to Say to Insurance Companies After the Crash
While honesty is essential when dealing with your insurance company, certain statements can inadvertently harm your claim or create complications down the road. Accident victims are often suffering from the effects of brain injuries, which can include memory lapses and confusion. This is one reason why you may not be able to elaborate on the details of your accident.
Some of the most damaging statements to avoid making to your insurance company (or others) are:
- Any admission of fault
- Speculation about the other driver's actions or state of mind
- Statements about not needing medical treatment or future care
- Estimates of repair costs
- Agreements to settle
You should not use any apologetic language, as this may be intentionally misconstrued as an admission of fault. Keep it brief, stick to the facts, and make no promises when speaking with insurance companies after your accident.
Why You Should Always Be Cautious When Speaking with Insurance Companies
Why all the caution about speaking with insurers after an accident?
Here's something most people don't realize: insurance companies, including your own, are business-focused, and minimizing claim payouts protects their profit margins. While your insurer has a contractual obligation to provide coverage, it may still look for ways to reduce the amount it pays out on your claim.
The other driver's insurance company has even less incentive to treat you fairly. What limited loyalty it has lies with its policyholder, not with you. Insurance companies may use several bad-faith tactics in the course of your case, including:
- Urging you to accept a quick settlement
- Requesting extraneous documentation to delay the process
- Asking leading questions designed to get harmful statements
- Making repeated lowball offers, hoping you'll accept less compensation than you deserve
Insurance companies often have more resources and legal knowledge than individual claimants, creating an inherent imbalance in the claims process. The insurers are aware of this, which is why they prefer to deal directly with claimants rather than through a lawyer.
Some adjusters may even try to convince you that hiring an attorney will reduce your ultimate settlement, which is typically false. Do what’s best for you and hire an attorney to deal with insurance companies.
Why You Should Hire a Lawyer as Soon as Possible After the Accident
Legal representation levels the field when dealing with insurance companies. Adjusters often adjust their approach when they know the claimant has hired an attorney, as they are aware that a car accident attorney can file a lawsuit and proceed to trial if necessary.
Some ways that a car accident lawyer can protect you from insurance companies’ bad-faith strategies are:
- Preventing you from making recorded statements until you are ready, and perhaps even making written statements
- Identifying and encouraging you to reject lowball settlement offers
- Communicating with insurers so you don’t have to
- Insisting that insurers act in good faith and move the claim forward as efficiently as possible
Having an attorney handle communications with insurance companies also protects you from making detrimental statements about the accident or your case. Lawyers understand how insurance companies operate and can ensure that all interactions serve your best interests rather than the insurers’.
Which Insurance Companies Should Pay if an Accident Is Not Your Fault?
Insurance coverage is complicated, and your lawyer will break down your coverage options in simple terms. Some types of insurance coverage that may apply to your accident are:
- The other driver's liability insurance
- Your collision coverage
- Your medical payments coverage
- Your underinsured motorist coverage
- Your uninsured motorist coverage
If the at-fault driver has insufficient insurance coverage to compensate you fully, your underinsured motorist coverage bridges the gap. This coverage is designed specifically for situations where the other driver's insurance exists but isn't adequate to cover your total damages.
Which insurance companies should pay first is a question that requires a personalized answer. Your lawyer will answer that question once they’ve evaluated the details of your accident and applicable policies.
What Happens if the At-Fault Driver Is Uninsured?
Discovering that the driver who caused your accident has no insurance creates additional complications, but you're not necessarily stuck with all the bills. Your uninsured motorist coverage is designed specifically for this situation.
This is actually more common than you might think. Every state has a substantial population of uninsured motorists, despite laws requiring coverage in most states. That's why uninsured motorist coverage is so essential—it protects you from other people's poor decisions.
Even with uninsured motorist coverage, you may still have options for recovering additional compensation directly from the at-fault driver. If they have significant personal assets, you might be able to pursue a lawsuit seeking damages beyond what your insurance covers.
How a Lawyer May Secure a Fair Settlement from Insurance Companies
Personal injury attorneys use various strategies to maximize settlements and ensure clients receive fair compensation. Though each lawyer has their own process and each case presents unique challenges, your lawyer’s case strategy will likely include:
Here's what a qualified attorney brings to your case that extends far beyond individual capability:
- Conducting an independent investigation that goes beyond surface-level findings, as they may reconstruct the accident using their own resources and methodology to uncover critical details that police may have overlooked.
- Engaging medical specialists who can accurately assess and document both current injuries and long-term medical issues.
- Performing comprehensive economic assessments that detail both immediate losses and future financial impacts.
- Leveraging legal discovery mechanisms to compel disclosure of information that would otherwise remain hidden.
- Negotiating a settlement from a strong position based on extensive knowledge of comparable case valuations and settlement patterns. They understand market dynamics and industry standards that individual claimants typically cannot access.
- Demonstrating litigation readiness through comprehensive trial preparation. Insurance carriers recognize when attorneys are willing to go to trial, and these attorneys are often able to secure fair settlements as a result of their trial readiness.
Seasoned attorneys can identify when insurance companies present inadequate settlement offers and understand how to structure case presentations for maximum persuasive impact. The financial outcomes they achieve typically exceed what individuals can secure through self-representation by substantial margins.
Damages an Insurance Settlement Should Cover
A comprehensive settlement should cover not just the obvious expenses, but also the subtle harm you’ve suffered because of the crash. These damages may include:
- Property damage beyond just repairs: Your car might look fixed, but if it's now worth thousands less than before someone slammed into you, that's significant money out of your pocket.
- Current and future medical expenses: You should not have to pay out of pocket for any accident-related medical services.
- Lost income and future earning power: Missing work while you recover is one thing, but the financial harm is even more significant when you never fully recover or earn the same amount you did before the crash.
- Pain and suffering: The constant ache in your back, the anxiety every time you get behind the wheel, not being able to play with your kids the way you used to—these are examples of pain and suffering that entitle an accident victim to compensation.
- Loss of consortium: When you're too hurt or stressed to be the partner, parent, or family member you were before, that affects you and everyone you love.
The bottom line is this: if the accident affected it, damaged it, or made it more difficult, you shouldn't be the one left holding the bill.
What Does a Client Do While Their Lawyer Pursues Settlement or Litigation?
While your attorney handles the legal aspects of your case, your primary focus should be on following your doctor's treatment recommendations and recovering from your injuries. Healing is a full-time job.
Clients can be instrumental in their case’s success, even if their lawyer does the vast majority of the daily work. You might be your car accident lawyer’s sidekick in securing fair compensation by:
- Getting all the medical treatment your lawyer recommends
- Keeping a journal documenting the challenges you face because of the accident
- Being available when your lawyer calls
- Calling your lawyer whenever you have a question or concern
- Not discussing your case unnecessarily (especially not on Instagram or Facebook)
- Being as calm and cool as possible while trusting that your lawyer is resolving the case as efficiently as possible
As difficult as it may be, do your best to remain patient with the legal process. Personal injury cases often take months or even years to be fully resolved. If you hire a capable lawyer to lead your case, the ultimate reward should be worth the wait.
Insurance companies sometimes use delay tactics, hoping you'll become frustrated and accept a lower settlement. Your attorney will keep you informed about progress and fight any unnecessary delays.
Protect Your Rights from Day One by Hiring Your Car Accident Lawyer Right Away
In most states, you have between two and three years from the date of your car accident to file a personal injury lawsuit, which is referred to as the statute of limitations. Missing this deadline means losing your right to seek compensation through the courts, regardless of how strong your case might be.
This time constraint makes your immediate actions even more critical. While you're focused on healing and dealing with insurance companies, vital evidence can disappear. Consulting with an experienced car accident attorney right away will ensure you understand your rights and keep all your options open. Don’t wait to hire your attorney.