Getting into a car accident is stressful. You’re shaken up, worried about injuries, and trying to figure out what to do next. One of the first things you might consider is calling your insurance company. Yes, without a doubt, that’s important—but what you say to them matters more than you think.
You should understand right off the bat that insurance companies are businesses, and their goal is to pay out as little as possible to protect their bottom line. That’s why you need to be careful about what you tell them. Saying the wrong thing can hurt your claim and leave you with less compensation than you deserve. A Newark car accident attorney can help protect your rights, handle communications with the insurance companies, and ensure you receive the full compensation you’re entitled to.
What Insurance Companies Are Trying to Achieve When They Contact You
You might expect the insurance company to be on your side when you’ve been in an accident. After all, they exist to help people in tough situations, right? Unfortunately, that’s not quite how it works. When an insurance company reaches out to you after an accident, their main goal isn’t to help you—it’s to protect their profits. But don’t take it personally. Insurance companies are businesses. And, as with any business, they have financial incentives.
Let’s break down what they’re after when they call you and how you can protect yourself from falling into their traps.
They Want to Settle Quickly—For Less Than You Deserve
One of the first things an insurance company will try to do is offer you a quick settlement. They’ll act like they’re doing you a favor by getting you money fast, but there’s a catch: Their initial offer is almost always lower than what your claim is truly worth. And, once you accept, you lose the right to ask for more later—even if your injuries turn out to be worse than expected.
- Fact: People often complain that insurers encourage quick settlements to close claims at lower costs. This is a common complaint among customers. The complaint index of the National Association of Insurance Commissioners (NAIC) shows how often companies face customer complaints.
A fast settlement benefits them, not you. They know injured people often face mounting medical bills and lost earnings, making a lowball offer tempting. But taking the first offer can mean leaving thousands of dollars on the table.
They Want You to Say Something That Hurts Your Claim
Ever heard the phrase, “Anything you say can and will be used against you?” That doesn’t just apply to criminal cases—it applies to conversations with insurance adjusters, too. When they call, they’re not just checking in. In reality, they’re gathering evidence to use against you.
But how do they get you to slip up? It’s simple:
- They may act friendly to get you to relax and talk more freely.
- They might ask misleading or confusing questions to get you to admit partial fault.
- They may record your statement and twist your words later.
Even a simple “I’m feeling okay” can be used to argue that your injuries aren’t serious. The best way to protect yourself? Don’t give a recorded statement without speaking to a lawyer first.
They Want to Minimize Your Injuries
They can justify offering you less money if they can downplay your injuries. Insurance companies may try tactics like:
- Asking you leading questions to get you to say you’re feeling better than you actually are.
- Suggesting that your injuries were pre-existing.
- Arguing that you don’t need as much medical treatment as your doctor recommends.
Your medical records and doctor’s statements will be critical in proving the severity of your injuries. Stick to what your doctors say, not what the insurance company wants to hear.
They Want to Delay Your Claim
Sometimes, insurers will drag their feet, hoping you’ll get frustrated and accept whatever they offer to move on. This delay tactic can include taking their time responding to your calls or emails, repeatedly asking for additional documentation, and claiming they need more time to investigate. Here’s the thing—the longer they stall, the more financial pressure you’ll be under, making it more likely that you’ll settle for less than you deserve.
They Want You to Skip Legal Representation
One of the biggest things insurance companies don’t want? You hire a lawyer. Why? Because they know that once you have legal representation, they can’t take advantage of you as easily.
But how does having a personal injury lawyer can help?
- Lawyers know what your claim is worth.
- They handle negotiations, so you don’t have to deal with the insurer’s tricks.
- They can take your case to court if the insurer refuses to offer fair compensation.
Insurance companies have teams of lawyers—you deserve to have someone looking out for you, too.
Things You Should Never Tell Your Insurance Company (and What to Say Instead)
It might seem there is no harm in talking to an insurance company after an accident, right? Wrong. Your conversation with the insurer is sort of like walking through a minefield. How you phrase things—and what you choose to say—can greatly impact your claim. Insurance companies are skilled at twisting words and finding ways to reduce or deny payouts.
In this section, we’ll go over things you should never tell your insurance company and the smarter ways to handle these conversations. By knowing what to avoid, you’ll be in a much better position to protect your rights and maximize your compensation.
Never Admit Fault – Even If You Think You Were Responsible
It’s human nature to say “I’m sorry” after an accident, even if it wasn’t your fault. But in the insurance world, even a simple apology can be used against you. Even the New Jersey Department of Banking and Insurance warns those who have been in an accident against discussing fault or making statements that can be used against them later.
Why is this a problem?
- Insurance adjusters may take your words as an admission of guilt.
- You don’t know all the details yet—maybe the other driver was actually at fault.
- Admitting fault can make it harder to get the compensation you need.
What should you say instead?
Stick to the facts. You can say something like, “The accident just happened, and I need to review everything before making a statement.”
Don’t Say You’re “Fine” or “Not Hurt”
Right after an accident, you might not feel much pain. But that doesn’t mean you’re okay. Injuries like whiplash, concussions, and internal damage can take hours or even days to appear. According to the Mayo Foundation for Medical Education and Research (MFMER), symptoms of a traumatic brain injury may take days or even weeks to appear.
Why does this matter?
- If you say you’re fine, the insurance company may argue that you weren’t injured.
- Later, when you do feel pain, they might use your earlier statement to deny your claim.
What should you say instead?
If they ask how you’re feeling, say, “I need to see a doctor before I can comment on my injuries.” It keeps your options open.
Avoid Giving a Recorded Statement
The insurance adjuster may ask you to give a recorded statement. They’ll make it seem routine, but it’s a trap.
Why is a recorded statement risky?
- They can twist your words and use them against you later.
- You might accidentally say something inconsistent, which can hurt your claim.
- Despite what they may suggest, you’re not required to provide a recorded statement.
What should you do instead?
Politely decline. You can say, “I’d rather not provide a recorded statement at this time.” Talk to a personal injury attorney first.
Don’t Speculate About What Happened
After an accident, you may not have all the facts. You can unintentionally harm your claim if you start guessing or assuming things.
Common mistakes people make:
- Saying, “I think I was going about 40 mph.”
- Guessing about weather or road conditions.
- Assuming the other driver “must have been speeding.”
Why is this a problem?
Your guesses might be wrong, and the insurance company can use them against you. Even small mistakes can make you seem unreliable.
What should you say instead?
Stick to the facts. If you’re unsure about something, say, “I don’t know.”
Don’t Say You “Don’t Have a Lawyer” (Even If You Don’t Yet)
Insurance companies prefer dealing with people who don’t have legal representation. Why? Because they can pressure them into accepting a lower settlement.
If you say you don’t have a lawyer:
- The adjuster may try to rush you into settling for less than you deserve.
- They might use aggressive tactics, assuming you won’t fight back.
- They can discourage you from hiring a lawyer altogether.
What should you say instead?
If they ask whether you have an attorney, say, “I’m in the process of consulting with one.”
Don’t Accept Their First Offer Right Away
If the insurance company quickly offers you a settlement, be careful. Their first offer is almost always lower than what you deserve.
Why shouldn’t you accept the first offer?
- They’re hoping you’ll take the money and disappear from their radar.
- You may not know the full cost of your medical bills or car repairs.
- Once you accept, you can’t go back and ask for more money later.
What should you do instead?
Tell them you need time to review the offer and consult with a lawyer.
Don’t Share Too Much Information About Your Injuries
Insurance adjusters will ask a lot of questions about your injuries. It might seem harmless to answer, but this can backfire.
What’s the risk?
- If you leave out an injury, they might argue it wasn’t caused by the accident.
- If you downplay your pain, they’ll assume you don’t need much compensation.
- If you exaggerate, they can catch you in a lie.
What should you do instead?
Keep it simple. Say, “I’m still receiving treatment and will provide more details later.”
What You Can Expect From Working With a Personal Injury Lawyer?
Let’s face it—dealing with the aftermath of an accident is stressful enough. If you’re considering working with a personal injury lawyer, you might be wondering how exactly legal counsel can help.
Getting Started: The Initial Consultation
Your journey begins with a free consultation—think of it as a mutual interview where you and the lawyer determine if you’re a good fit for each other. During this phone conversation or personal meeting:
- You’ll share your story, including how the accident happened and how it has impacted your life—don’t worry about having everything perfectly organized
- The lawyer will ask questions to understand the key details of your case and explain whether they think you have a strong claim
- You’ll learn about their experience with similar cases and their approach to handling personal injury claims
- They’ll explain their fee structure, which is typically contingency-based (meaning they only get paid if you win)
Behind the Scenes: Building Your Case
Once you decide to work together, your lawyer kicks into high gear. They will collect all relevant documentation (e.g., medical records, accident reports, and witness statements), take photographs of injuries and accident scenes (if available), request surveillance footage if your accident occurred in a place with cameras, and interview witnesses while their memories are still fresh.
Sometimes, your case might need additional firepower. If that’s the case, your lawyer might work with medical specialists who can explain the long-term impact of your injuries, accident reconstruction experts who can demonstrate how the incident occurred, and economic experts who can calculate future financial losses.
Dealing with Insurance Companies
This is where having a lawyer pays off. While you focus on recovery, your attorney will:
- Handle all communications with insurance adjusters
- Challenge lowball settlement offers
- Present evidence to support the full value of your claim
- Protect you from saying anything that can hurt your case
The Path to Resolution
Most cases settle out of court, but that doesn’t mean it happens overnight. The process typically involves multiple rounds of negotiations, careful evaluation of settlement offers, and frank discussions about whether to accept or continue negotiating. According to the American Bar Association (ABA), some cases may go through mediation, which gives parties a quick way to resolve their differences while addressing their interests and needs.
Sometimes, getting fair compensation means going to court. If that happens, your lawyer will thoroughly prepare you for what to expect. Your attorney will also work to present your case persuasively to the judge or jury.
What Happens After It’s All Over?
Even after your case concludes, your car accident injury attorney’s work isn’t over. Your lawyer should help you understand the terms of your settlement, ensure all your medical bills and liens are properly paid, explain any ongoing obligations or restrictions, and be available for questions about implementing the settlement.
Hire a Car Accident Attorney Today!
Remember, a Newark personal injury lawyer isn’t just your legal representative—they’re your advocate, guide, and support system through what can be some of the most challenging times of your life. The right accident injury attorney will make you feel comfortable asking questions and help you understand each step of the process.
