Do I Have to Talk to the Other Driver's Insurance Company?

At some point after a car accident, you'll probably get a call from the other driver's insurance company. Here's what to know right off the bat:

• You're typically under no legal obligation to talk to the other driver's car insurance company, and any time you do, it's crucial to watch what you say.
• If you're making a claim directly with the at-fault driver's insurance company, you'll need to provide some level of cooperation in order to get a fair result.
• Your obligations are different when it comes to communicating with others at the scene of a car accident, and with your own car insurance company.

Who Are You Legally Required to Cooperate With After a Car Accident?

After a car accident, your legal obligations to communicate with others are usually dictated by state laws and the terms of your insurance policy. You're typically required to talk with:

• Others involved in the accident. Your state's traffic laws probably require you to stay at the accident scene and exchange key information (driver's license number, insurance coverage details, and contact information). Still, keep communication to a minimum, and be careful what you say at the scene of a car accident.
• Any law enforcement officer who comes to the accident scene. At minimum you'll be required to provide your driver's license, vehicle registration, and insurance information. You'll also likely be asked a few questions about the accident and how it happened, so the officer can prepare a police report over the car accident. You'll probably need to answer, unless you might be facing criminal charges in connection with the accident (you were driving under the influence, for example).
• Your own insurance company. Any time you're involved in an incident that might trigger coverage under your car insurance policy, your contract with the insurer requires you to notify the insurance company within a reasonable amount of time, and cooperate with the insurer's investigation of the car accident.

What about the other driver's insurance company? This leads us to the focus of this article, so let's get to it.

You're Not Required to Speak With the Other Driver's Insurance Company

No matter what type of car accident you've been in, you're not legally required to speak with the other insurance company's representative.

The first time an insurance adjuster for the other driver's insurance company contacts you will likely be fairly soon after your car accident. But they're not checking in to see how you're doing, or to have a chat. The insurance adjuster has the insurance company's bottom line in mind here, and the goals of this conversation can include:

• getting you to say something that might make it easier for the adjuster to pin fault for the car accident squarely on you
• getting you to say something that might be twisted into an admission that you're not really injured (or that your injuries are minor)
• getting you to accept quick payment now to settle your car accident claim, maybe before you've even decided to file one, and before you understand how badly you're hurt.

Once you accept a settlement, of course, the fine print of the agreement will make it clear that you've lost your right to take any further action over the accident. So, if you're hurt worse than you know, or you end up needing more medical treatment than you and your doctor thought, you can't go back and ask for more money. This is one of many reasons to limit any interaction with the other driver's insurer to the bare minimum.

What Should I Say to the Other Driver's Car Insurance Company?

All of this means that if the other driver's insurance company contacts you after a car accident, tell their representative (politely but firmly) any of the following that might apply:

• you're not going to discuss the specifics of the accident, how it happened, or who's to blame
• you're still receiving medical treatment in connection with your car accident injuries
• you're not going to accept any money from the insurance company at this time, you're not going to sign anything, and you're not going to talk settlement, and
• you're working with your own car insurance company, with an attorney, or on your own to figure out your options.

What If the Other Driver's Insurance Company Keeps Calling Me?

If the insurance adjuster keeps calling or emailing you, remain calm, repeat some or all of the talking points we've provided above, and tell the adjuster to contact your insurance company if they need more information about the accident. You can also let the adjuster know that you're thinking about turning your claim over to an attorney, especially if the calls/emails don't stop.

What If the Car Insurance Company Wants a Written or Recorded Statement?

It's never a good idea to give a written or recorded statement to an insurance adjuster or investigator after a car accident. Of course, the other driver's adjuster is going to tell you they'd like such a statement from you, and they may even stop just short of stating that you're required to give them a recorded or written statement. The truth is there's no law that requires it. What's more, giving a written or recorded statement will almost never help your side of the case, but it can definitely end up hurting it.

The adjuster's tactics here can resemble a treasure hunt, in terms of the questions they want answered on the record:

• What direction were you heading in?
• How fast were you going?
• When did you first notice our insured's vehicle?
• How long had the traffic signal been green/yellow/red?
• Did anyone else witness the accident?
• What was the weather like?
• Had you taken any over-the-counter or prescription medications the day of the accident?
• Had you consumed any alcoholic beverages the day of the accident?
• Where was your phone when the accident happened?
• Did anything happen earlier in the day to make you upset?

You get the idea. The point is, the adjuster is at least trying to pin you down to one answer so they can try to drum up an inconsistency or two later. It would be even better for the adjuster if you were to say something halfway incriminating that can be pounced on later as "proof" that you were at fault, or that the accident didn't happen the way you say it did.

If the insurance company asks you for a written or recorded statement after a car accident, you can use some of the responses we laid out earlier.

If You're Making a Claim With the Other Insurance Company, You Need to Speak With Them

If the other driver was at fault for your car accident, you might find yourself making a "third party car insurance claim" directly with the other driver's insurer. In this situation, you'll need to talk with them and cooperate as they assess the accident and the specifics of your claim. That means, for starters:

• providing them with all documents related to your claimed losses (medical bills, lost income, etc.) and
• giving them access to your accident-related medical records (while keeping other unrelated medical records off limits).

The insurance adjuster still has the company's interest in mind here, not yours. So be ready for some pushback on things like:

• whether you played some part in causing the car accident
• the nature and extent of your injuries (were they preexisting?), and
• the legitimacy of some of your treatment (adjusters tend to question the necessity of extensive chiropractic or physical therapy treatment, for example).

Do You Have to Talk to the Other Insurance Company If You Only Have Liability Coverage?

Ideally, your attorney or a representative from your own car insurance company will take the lead in dealing with the other driver's insurer, but this isn't always possible or practical.

If you only have liability car insurance, your insurance company's obligation to help you only kicks in if you've been at fault for an accident that has caused someone else to suffer injuries or vehicle damage. Your liability coverage doesn't apply to your own injuries or vehicle damage.

So, if the other driver was clearly at fault for the accident, your own insurance company will almost certainly stay out of the situation and advise you to get in touch with the other driver's insurer—to call them and start the third party claim process and get compensation for your losses, for example.

In contrast, if you have collision coverage (which applies to damage to your vehicle no matter who was at fault), your own insurance company might step in and deal with the other driver's insurer, at least initially, as they sort out who's going to pay to get your vehicle fixed.

Do I Have to Talk to the Other Driver's Insurance Company If I Don't Have Insurance?

The answer is similar here. The other driver's insurance company is going to want to talk to you after a car accident, whether or not you have insurance. You're under no legal obligation to talk with them, even if you were driving without insurance at the time of the accident. But if you want to pursue compensation for your car accident injuries, and you think the other driver was at fault, you're going to need to talk with the other insurance company, and cooperate throughout the claim process.

One thing to note here is that if you were driving without insurance at the time of a car accident, in some states you can't recover certain kinds of compensation— usually for any noneconomic damages (like "pain and suffering") resulting from the crash— even if it's clear that the other driver was at fault. These are known as "no pay, no play" laws. Learn more about what happens if you get into an accident and you're uninsured.

For whatever reason, if the job of communicating with the other driver's insurance company falls on you, it's important to be careful what you say.

Tips For Talking with the Other Driver's Car Insurance Company

First, always remember that the primary goal of the other driver's car insurance company is to pay out as little money as possible. The adjuster wants to find evidence that you were at fault for the accident, or that your injuries are minor (or nonexistent).

Don't discuss how you're feeling, or how bad your injuries might be. Even if talking about the nature and extent of your injuries is a good idea (it's not), it's almost certainly too early to have this kind of discussion. Remember (and remind the adjuster) that some car accident injuries don't show up right away, and minor injuries can turn out to be much more serious than expected.

Don't make any apologies or statements about your role in the accident. Anything you say to the other driver's car insurance company can serve as a basis for refusing to pay you anything, or reducing the value of your claim.

Only answer the question asked. Do not volunteer additional information or agree to have your statement recorded, whether it's over the phone or in writing. The purpose of a recorded or written statement is to lock you into a certain version of events, including the extent of your injuries or property damage.

Do not guess or speculate as to an answer. If you don't know, it's okay to tell the car insurance company that.

Refer the adjuster to your own car insurance company. If you're asked to provide more than just basic details about the accident, ask the adjuster to get it from your car insurance company, or ask to have a representative from your car insurance company's adjuster on the line during the call.

Getting Help After a Car Accident

When you're injured in a car accident and you're getting phone calls or emails from insurance companies, it's tough to know how to proceed. There are situations in which it might make sense to handle a car accident claim on your own. But if your injuries are significant and you're getting any amount of pushback in the insurance claim process, it's probably a good idea to discuss your situation with a legal professional.

Learn more about when you might need a car accident lawyer and what to expect during your first meeting.