What To Tell Insurance Companies After a Car Accident

This video features J.D. Smith, a Personal Injury attorney based in Washington.

Attorney JD Smith | 888-981-0015 | Free Consult

"You have to remember that, if you have been in an accident, you are not feeling your best. Sometimes you may be under the influence of medication, and it may not be the best time [to speak to insurers]. Not to mention, your words may be twisted around and may be used against you at a later time."

Wondering what to tell insurance companies after a car accident? Do you even need to talk to the other driver’s insurance representatives? Should you be cautious talking to your own car insurance company?

To learn more, we spoke via video with attorney JD Smith. Smith is a car accident attorney in Seattle, WA with the Law Office of JD Smith, PLLC. He has been named an AskTheLawyers Super Lawyer from 2007 to 2019, and he received the prestigious Professionalism Award from the Washington State Association of Justice.

Additionally, Smith is a former insurance claims representative. Because of this, he understands all the methods the insurance company uses to protect its own interests over a claimant’s.

To learn more, contact the attorney directly by calling 888-981-0015 or by submitting a contact form on this page. There is no charge for the consultation, and you never owe any out-of-pocket attorney fees.

Key Takeaways From JD Smith:

It’s a common misconception, says Smith, that you are required to speak with the other driver’s insurance company representatives at all. However, you may want to have your car’s damages covered by the other driver’s company so you don’t have to meet your insurer’s deductible prior to receiving repairs. In this case, if you contact or are contacted by the other driver’s insurance company and are asked to provide details about the accident, you can tell them firmly that you wish to speak only about the accident only in regards to your car’s repairs. You are not required to give further details about your injuries or what happened prior to the crash.

Be cautious of what you say to insurance company representatives after an accident, especially the representatives of the other driver.

Sometimes, says Smith, insurers will attempt to trick you into speaking in more detail about the accident so that they can find ways to fight against your account. One of these ways is to send you a notice saying that they are “closing your file” or taking a similar action. But this means nothing, says Smith. Most states have a statute of limitations on these types of cases for at least a couple of years, and the insurance company cannot change or subvert the law in order to close your case before you are ready.

Even if you are speaking with your own insurance company, says Smith, you should be careful in what information you give out. If the other driver has no insurance and you end up having to make a claim through your insurance company, they will likely attempt to drive down the amount of money they have to pay out to you. In this instance, it is best to remain quiet until you have an attorney and more details of the situation are firmed up.

Hire an attorney, and let them speak for you.

When asked if there is any reason why a victim should not provide details of the accident—even if those details are hazy or misremembered—Smith says that there is no reason why you shouldn’t allow your attorney to speak for you.

Hire an attorney that has experience with car crashes and insurance claims, and they will be able to speak to insurers on more complicated topics and details, and give you advice on what to say in the event that you are questioned directly. In his way, they will help you receive the best result possible for your case and begin to recover from any losses from the accident.

To learn more, contact the attorney directly by calling 888-981-0015 or by submitting a contact form on this page. There is no charge for the consultation, and you never owe any out-of-pocket attorney fees.

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