Let’s face it, no one wants to deal with insurance companies, especially after a car accident. With all the stress that comes along with car accidents, you may ask yourself which headaches you can avoid, and which ones are necessary to properly handle your situation. But do you have to talk to insurance companies after an accident? This article will tell you when it is and isn’t necessary to speak with insurance investigators.
Most of the time, insurance agents are trying to find the facts of a case, but they are also constantly on the lookout for fraud. Fraudulent cases happen when people file false claims or claims including untrue information in an attempt to profit from an insurance policy. If a claim is deemed fraudulent, the filer can be dropped from their insurance policy or even charged with a criminal offence. Because fraud is taken so seriously, insurance investigators will contact you to ask for personal information including driving history, financial records, proof of registration and more. It is also the insurance investigator’s job to determine who is at fault in an accident which is another reason why they ask these questions, but are you required to aid in these investigations?
Now that you know what the insurance company is looking for and why, you can determine whether or not you have to talk to them after your car accident. The simple answer is, yes, if it is your insurance company you must share the details of your car accident with them. Under the duty of the utmost good faith clause in your insurance contract, you are obligated to share the honest details of your accident. In addition to this, per your insurance contract, your conversation with your insurance provider must be recorded and used as evidence in the investigation. The good news about this is that your insurance company is most likely trying to prove that you were not at fault.
On the other hand, if the other party’s insurance company contacts you, you do not have an obligation to speak with them. In fact, it is strongly advised that you do not speak to the other party’s insurance company (unless you have counsel) because they are most likely trying to prove that you are the at fault party. This is especially true if the insurance company attempts to record the conversation.
It’s the job of insurance investigators to find out the details of a claim, but you should only ever talk to your own insurance agent after a car accident. The investigator from the other party’s insurance company is most likely looking for evidence to prove that the accident was your fault, so it is in your best interest to refrain from speaking to them unless you have a lawyer present.
If you've been hurt in a car accident you need to speak with an experienced Florida car accident lawyer as soon as possible. Please contact us online or call our Coral Springs office directly at 954.755.7803 to schedule your free consultation. We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton, Miami-Dade County, Broward County, Palm Beach County and all points in between.