After an accident, it will be necessary to communicate with the at-fault driver’s insurance company in order to file a claim and recover compensation for your damages. While you will be required to provide a lot of information, there are certain things that you don’t have to share.
What Not to Tell or Share with an Insurance Adjuster after an Accident: Statement
Part of the discussions will center on the accident. An insurance adjuster may ask you to provide a statement—written or recorded—regarding what happened.
You do not have to share details, just the basic facts like:
- the location of the crash;
- date/time it occurred;
- type of collision (T-bone, rear-end accident, etc.).
You do not have to provide any further information, such as what you believe caused the crash or what you were doing just before it occurred. Talk to an attorney before you begin discussing more detailed information about the accident with the other driver’s insurer.
The Do Not Tell List: Identification of Witnesses
The insurance company may ask you for the names and phone numbers of any witnesses. Or they could request a copy of any statements that witnesses provided. You do not have to give this information to the adjuster right away. You may choose to do so at a later date after you’ve spoken with your lawyer.
The Do Not Tell List: Details about Your Injuries
At some point the insurance company will need to know about the severity of your injuries because this will help them determine how much to offer you for a settlement. However, you do not have to provide this information until the time is right.
It could be damaging to your case to share details of your injuries before you know the full extent of the injuries. It could turn out that the condition is worse than you originally thought. Some complications don’t develop until a certain amount of time has passed. All you have to do is give a general description of the injuries (“I injured my back” or “I have neck pain”) and that you are seeking medical care.
The Do Not Tell List: Your Medical Records
The insurance company may also try to get you to release your medical records. At some point you will likely provide relevant documentation to the insurer. But only when it’s the right time and it will only include the evidence you choose to submit.
Allowing them full access to your medical records could be harmful to your case. The insurer may discover a preexisting injury and blame it for your current symptoms.
Protecting Your Rights by Talking with an Attorney
Whether you were injured in a major crash on Interstate 70 or in a collision at an intersection in downtown Denver, if injuries were serious it’s important to seek legal advice. An attorney can explain the information you should and shouldn’t say to the insurance adjuster, or when it’s the appropriate time to do so.
D.J. Banovitz helps Denver accident victims pursue and recover fair compensation for their damages. Call 303-300-5060 today or contact us online.