San Antonio is a growing Texas city where residents rely on busy routes such as I-10, I-35, I-410, and Loop 1604 to get to work, school, and other parts of the community. After a car accident, speaking with the insurance company may be necessary, but be careful about what you say. Don’t admit fault or agree to a settlement before you understand the full extent of your injuries, vehicle damage, and other losses.
If you’re dealing with an insurance company after an accident, a San Antonio car accident lawyer can help you communicate with the insurer and protect your rights during the claims process. Legal guidance may be helpful when an accident involves serious injuries, disputed fault, significant property damage, or an insurer that questions or undervalues your claim.
What Should You Know Before Speaking With the Insurance Company?
Taking the following steps can help you protect your interests when dealing with an insurer after a car accident.
Report the Accident Promptly
Texas Transportation Code § 550.026 requires drivers to immediately report certain crashes to law enforcement when they result in injury, death, or property damage that makes a vehicle unsafe to drive.
You should also notify your insurance company as soon as possible. Your policy may require you to report the crash within a certain period, even if you were not responsible for it.
When making the report, provide accurate and basic facts about the accident. Avoid guessing about what caused the crash or making statements that could be interpreted as admitting fault.
Be Careful When Discussing Your Injuries
Insurance adjusters may ask about your injuries and medical treatment after the accident. You should answer truthfully, but avoid making assumptions about the severity of your injuries before you have received appropriate medical care.
Some injuries may take time to become apparent. Seeking prompt medical attention and keeping records of your treatment can provide important evidence about the harm caused by the accident.
Keep Communication Focused on the Claim
Keep communications with the insurance company focused on the facts and losses related to the accident. Avoid making broad statements about your ability to work or recovery when you do not yet know how your injuries may develop.
For example, instead of saying that you are completely recovered because you feel better on a particular day, you can provide the insurer with accurate information about your current treatment and condition.
Keep Records of Your Losses
Keep records of the expenses you incur after an accident, including medical bills, repair estimates, prescription receipts, lost wages, and pay stubs. Federal claims regulations, including 32 C.F.R. § 750.27, recognize these types of records as supporting evidence for certain injury and property-damage claims.
You should also keep copies of emails, letters, and other communications with the insurance company. Organizing these records can help you track your claim and address disputes about the amount of compensation you seek.
Avoid Giving a Recorded Statement Without Understanding Your Rights
An insurance adjuster may ask you to provide a recorded statement about the accident. Although the insurer may need information to investigate the claim, your statements can potentially be used when evaluating your case.
You are not required to speculate or provide information you do not know. If you are unsure about how to respond, consider getting legal advice before giving a recorded statement.
Do Not Accept a Settlement Too Quickly
An insurance company may offer a settlement soon after an accident, particularly when liability appears straightforward. However, accepting an offer may prevent you from seeking additional compensation later.
Before accepting a settlement, make sure you understand your current and future medical expenses, lost income, property damage, and other losses. A lawyer can review an offer and help determine whether it fairly reflects your damages.
Review Your Insurance Coverage
Before discussing compensation with an insurer, review your policy to understand what types of coverage may apply to the accident. Depending on the policy and circumstances, coverage may include benefits for medical expenses, vehicle damage, or losses caused by an uninsured or underinsured driver.
For example, if the driver who caused the accident does not have enough insurance to cover your losses, your own policy may provide additional coverage if you purchased uninsured or underinsured motorist protection.
Final Takeaways
- Report the accident to your insurance company promptly, but provide only accurate information about what happened.
- Be careful when discussing your injuries, especially before you know the full extent of your medical needs.
- Do not rush to accept a settlement before understanding your current and future losses.
- Keep detailed records and be cautious with recorded statements to help protect your claim.
- Consider legal guidance after a serious accident, particularly when fault, injuries, or the value of your claim is disputed.
