If you have been involved in a car accident, you may have noticed that there are several steps to take following a car accident. You probably feel overwhelmed, scared, and upset that this has happened to you. The last thing you want to deal with is insurance companies while you are recovering from your injuries.
You may be contacted by your auto insurance or the insurer for the at-fault party. You have a duty to report the car accident to your auto insurance. Failure to report a car accident could cause a coverage issue with your insurance. They will likely investigate the car accident before deciding about the fault.
What will my car insurance do to investigate the car accident?
Your insurance will do the following when investigating a claim:
- Request the police report from the investigating police department
- Obtain a recorded statement of all witnesses
- Obtain a recorded statement of the other driver involved
- Request a recorded statement from you (be careful here)
If your insurance or the other insurance company requests a recorded statement it is best that you do not give one and consult with an injury lawyer. Although you may not be at fault for the accident, and the police report may confirm the same, the insurance company will still want a recorded statement.
When you give a recorded statement after a car accident, the insurance adjuster will compare what you say to the other driver’s statement and the police report. They will use that information to determine their theory of liability. Depending on how you respond anything that you say can be used against you. When the insurance companies take the recorded statement, they are looking for ways to assign liability. Even if your insurance company is taking the statement, they may not be acting in your best interest.
It is possible that your auto policy requires you to give a recorded statement. If the adjuster brings that up, ask them to show you where your policy requires a statement. If you must give a statement, then it is best to seek advice from an Indianapolis car accident lawyer. You cannot assume because your personal auto insurance is requesting the statement that they are on your side.
What if the insurance company says I am at fault?
It is possible that the insurance company may say you’re at fault for the accident. In Indiana, we are a comparative fault state. If you are less than 51% at fault for the accident, you are still owed compensation for the injuries sustained in the crash. Any compensation would be diminished by your portion of fault.
At Tabor Law Firm we consult with our clients prior to their statements to prepare them for the questions. Adjusters are experienced when it comes to taking a statement, but someone who does not deal with auto claims every day would not know how to answer some of the questions. Although you must be truthful, you must be careful in your response so that nothing can be misconstrued.
Our experienced personal injury attorneys at Tabor Law Firm would be happy to set up a free consultation with you to discuss your car accident claim at no cost to you. Do not hesitate, to call Tabor Law Firm today! Call (317) 236-9000 to speak with a car accident lawyer at no cost to you!