Dealing with the at-fault driver’s insurance company can be frustrating as they try to downplay your losses to protect their profits. They may send claims adjusters and doctors to search for any indication you deserve less than you should.
Even so, dealing with the at-fault driver’s insurance company doesn’t have to be hard if you know what to say. Ideally, you’ll have your own insurance company and an auto accident attorney to assist you through the process.
Vehicle accidents are becoming more common, and an individual may be involved in 3-4 car accidents throughout their life. It’s important to find an auto accident lawyer to protect your legal rights.
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How Does Insurance Work After a Car Accident?
If you were involved in an auto accident with an at-fault driver, their insurance should cover you and your passengers’ injuries and property damages.
You would file a claim against the at-fault driver’s insurance. However, in some states, there is a no-fault system where your insurance reimburses your damages regardless of fault.
Most states follow an at-fault system—responsible drivers are liable for injuries and damages inflicted on the other party. You should first speak with your insurance company, file a claim, and give details of the accident.
Provide evidence you collected during the incident such as photos of damages and at-fault parties’ information. Insurance claim adjusters will investigate the accident, analyze damages, and estimate how much repairs and medical expenses you’re entitled to.
You should consult a lawyer to see if the laws in your state have a no-fault state system. A lawyer may also let you know your claim’s statute of limitations, or the timeline you can file for an auto claim.
Do You Call the Other Party’s Insurance Company?
You’re not legally required to call the other party’s insurance company after a vehicle accident. Contact your own insurance company before considering calling the other party’s insurance.
If you decide to call the other party’s insurance company, be careful communicating with them. They may ask questions that can inadvertently imply you’re partially at-fault.
If there’s a dispute on who is at-fault, you should speak with an attorney before speaking with the other party’s insurance.
Steps to Take When Dealing with the At-Fault Driver’s Insurance Company
When dealing with an at-fault driver’s insurance, it’s important to be cautious when speaking to them. Avoid revealing too much information and provide necessary reports. Here is a list of steps to take when talking with the at-fault driver’s insurance.
1. Avoid Revealing Details About the Accident
It’s mostly advisable to have the at-fault insurance company contact you rather than you initiating contact. The at-fault driver’s insurance may ask for a recorded call, which can be leveraged against you.
You want to avoid admissions of fault or assumptions. It’s better to provide yes or no concise answers if possible.
Don’t approve blanket medical authorizations, which give the insurance company a legal right to access all your past medical history. They want to pin a pre-existing condition to your losses to try to lower what they owe you.
Do not post details of the accident on social media as that could assist the insurers to track and go against your claim. If you don’t remember certain details, it’s better to say ‘I don’t know’ than speculate on the incident.
2. Don’t Accept an Initial Settlement Early
Never accept the first initial claim early. You may think the initial settlement is reasonable, but the claim may be worth more than the initial claim.
You should consult an auto accident lawyer to verify and calculate what your settlement cost should be worth.
Accepting an initial settlement early may be tempting since you need money to repair property and hospital expenses. However, rushing the process could lose you a huge sum of money. Thus, contact a legal advisor before accepting the first initial settlement.
3. Have Your Evidence Ready to Establish Liability
Gathering evidence is important when you want to back up your claim. Build a strong case so the at-fault driver’s insurance can’t refute it by collecting as much evidence as you can. Evidence like videos and pictures of the incident, witness statements, police reports, medical documents, etc.
4. File Your Car Accident Claim as Soon as Possible
You must file a car accident claim with your insurance as soon as possible for severe damages or potential injuries. Oftentimes it’s mandated by your insurance to notify them within a week of your accident.
Your insurance should be notified to establish good-faith accident reports, which can expedite property repairs or a rental vehicle if your policy covers that.
Filing a claim may increase your premiums regardless of who’s at-fault, since there’s an increased risk you may file a future claim. However, the rate increase may not be as high if you weren’t at-fault.
5. Hire an Auto Accident Attorney to Represent You
There is a chance you may have to dispute the at-fault driver’s insurance, thus, you should hire an auto attorney to represent you. An attorney can help you acquire the settlement amount you deserve through expert litigation and guide you on the claim process.
The At-Fault Driver May Want to Compromise Your Claim
The at-fault driver may attempt to compromise your claim by finding evidence implying you were partially liable for the accident. If the court deems you were partially liable, your settlement may be reduced by a percentage of your liability.
However, no-fault state systems won’t have to go through that process since your insurance covers your damages regardless of fault. If you do live in a state under comparative negligence, you may need an attorney to prove your liability.’
Because fault is subjective, a good lawyer can make arguments against the at-fault driver’s claims. Your claim may even go to court, further necessitating the skills of a car accident attorney.
What if Their Insurance Company is Not Accepting Fault?
If the at-fault party’s insurance is not accepting fault, they believe their driver was not responsible for the accident and will not cover the damages. In this scenario, you should hire an auto attorney to assess the situation and gather evidence to prove fault.
Your attorney may help negotiate a compromise with the insurance adjuster. However, if your attorney and you cannot compromise with the at-fault driver’s insurance, this may lead to a lawsuit if both parties don’t admit fault.
What Happens if the At-Fault Driver Doesn’t Respond?
If the at-fault driver doesn’t respond after trying to contact them, it may lead to filing a lawsuit against them to pursue compensation. Filing a lawsuit may compel the at-fault driver to respond and help you pursue compensation for your losses.
Otherwise, your insurance may have to handle your claim through uninsured motorist coverage if the other driver is not cooperative or possibly uninsured.
Should You Settle With the At-Fault Driver Privately?
You should never settle with the at-fault driver privately as that may be used against you. You may be under-compensated for property damages and potential injuries that can appear in the future. Settling a claim privately may prevent you from filing a claim with your insurance.
There may also be legal complications depending on the severity of the incident. Failing to report significant damages or injuries could pose legal consequences.
It’s also possible the other driver may promise to pay you soon, but never follow through on their promise.
Minor auto accidents such as fender benders may be settled privately under caution. Drivers don’t want to go through the claim process for a minor accident which could potentially increase their premiums.
Schedule a Free Consultation With an Auto Attorney
Contact an auto attorney and schedule a free consultation to see if you qualify for an auto claim. Dealing with an at-fault driver can be stressful, thus, having an auto attorney can benefit your cause.
Submit a free short consultation form here to see if you qualify for an auto claim. For some inquiries or questions about your claim, call 888-927-3080.
Cassandra Nguy
Cassandra Tran Nguy is a legal writer living in Los Angeles, California. She graduated cum laude from California State University, Northridge with a B.A. in English Creative Writing and a minor in Marketing. Visit her online profile at linkedin.com
