Should I talk to the other driver’s insurance company?

You were in car crash and received a voicemail: 

Hi, this is John Smith with ABC insurance company. We insure the other driver. We’re doing our investigation and we need to talk to you. Please call us back.

Should you return the call and talk to the other driver’s insurance company?

Absolutely not. 

The other driver’s insurance company wants to talk to you because:

They want to blame you

The insurance company wants to take your recorded statement. They want to get information to argue you were at fault for the crash, not their driver. 

If they reach you, they will be kind and courteous. You may even feel like they are on your side. They are not. They are out to save themselves money at your expense. 

They want to blame others

If they can’t show you were at fault, they will try to argue someone else was at fault, such as a pedestrian or another driver. They may ask, “Did any other vehicles contribute to this crash?” They are looking for others to blame. 

They want to blame conditions 

They will blame the conditions – weather, lighting, visibility, etc. They may ask, “Was it icy? Slushy? Did anything obstruct your view?” They want to argue this was beyond anyone’s control (especially their driver’s control), so no one was at fault. “So this was an accident in the truest sense, right?” Don’t fall for this trick. 

They want to blame your body and pre-existing conditions

They want to argue you weren’t hurt in the crash; you were hurt before. They may ask, “Did you have any health issues before the crash? Were you seeing any doctors? Did you ever have any back pain before the crash, ever?” They are looking for ways to reduce the value of your case. 

They want to blame other events

They want to argue you were not hurt in the crash; you got hurt after the crash, in some other way. They may ask, “Have you fallen since the crash? Had any household accidents? Any other injuries since the crash?” They are looking for other events to blame for your crash injuries. 

They want to find an insurance exclusion

Insurance policies have long lists of exclusions. They read like this:

We will not pay if:

• a. Exclusion 1
• b. Exclusion 2
• c. Exclusion 3
• d. Exclusion 4…

Each exclusion is a basis for denying coverage. 

Here, the insurance company will turn on their own client (the other driver) if it saves them money. For example, if they learn the other driver was driving for Uber at the time of the crash, that may trigger an exclusion. If the insurance company finds an exclusion, the other driver won’t have insurance coverage and it will be difficult for you to make a recovery. 

They want to create inconsistencies

Insurance companies take recorded statements to try to create inconsistencies. Here’s an example of how this works. The insurance company interviews a crash victim within hours of the crash. The company asks about injuries. The crash victim says he broke his arm. Over the next couple days, the crash victim’s back starts to hurt. Turns out, he hurt his back too. Later, the insurance company refuses to cover his back injury. They cite the recorded statement. “You never mentioned your back, just your arm.” 

This often happens because a crash victim is focused on their most serious injury and does not mention every other area that was hurt. This becomes a basis for the insurance company to later deny coverage. 

You do not have to talk to the other driver’s insurance company

You are not obligated to talk to the other driver’s insurance company. If they call and you answer, give them your lawyer’s name and number and nothing else. If they leave a voicemail, have your lawyer return the call. Your lawyer will tell them to stop contacting you. You may feel rude or nervous about not returning their phone call. Don’t. You don’t owe them anything. 

If you want to know more about things you should and should not do after a car accident, call or contact Conybeare Law Office now.

Talking with an experienced Michigan car accident attorney can give you the information you need to be controlled. 

The knowledgeable car accident lawyers at Conybeare Law Office will help you understand your rights and fight to get you the money you deserve. 

To learn more about the legal services offered to our Michigan car accident clients, talk to our office today. Conybeare Law Office has offices in Saint Joseph and Kalamazoo, Michigan, and serves all of southwest Michigan and beyond. Call or contact us for a free consultation. We look forward to talking with you. Remember, if it’s not fair, call the bear.

Related: Cost to File a Lawsuit in Michigan