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What Should I Not Tell My Insurance Company After an Accident?

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September 3, 2024 Car Accidents

If you’ve been in a car accident on I-25, I-70, or any of the Denver area’s notoriously congested highways or city streets, one of the first things you’ll need to do once the dust settles is to report the collision to your insurance company.

Insurance companies know several potential pitfalls exist that could devalue your insurance claim or bar you from getting any compensation. If insurance companies know that, you should too.

Hiring an experienced Denver car accident lawyer will help you avoid the legal landmines that could harm your insurance claim.

At Fuicelli & Lee, we are committed to providing Colorado residents the knowledge and legal representation they need to protect themselves and their future after a car accident or any accident that caused them to suffer injuries through no fault of their own.

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“I’m sorry” or “It was my fault”

Even if you believe you might have contributed to the accident, avoid admitting fault or apologizing. Car accidents can be complex, with a number of contributing factors.

You may not have all the facts in the heat of the moment, and your perception of the events could be skewed by shock or confusion.

Colorado follows a modified comparative negligence rule, which means your compensation could be reduced based on your percentage of fault. By admitting fault, you may give the insurance company grounds to deny or significantly reduce your claim.

Determining fault in an accident involves examining multiple factors, including traffic laws, road conditions, and the actions of all parties involved. Let the investigation determine who was at fault, and avoid making statements that could be used against you later.

“I’m not injured” or “I feel fine”

Man using phone to calling insurance agent for claim process after car crash.In the immediate aftermath of an accident, your body’s natural response to trauma can mask pain and other symptoms. Adrenaline and shock can prevent you from feeling the full extent of your injuries immediately.

Some injuries, particularly those involving soft tissue or internal organs, may not become apparent for hours, days, or even weeks after the accident. By stating that you’re not injured or that you feel fine, you could be jeopardizing your ability to claim compensation for injuries that manifest later.

Instead of declaring you’re uninjured, state that you’re unsure and plan to see a doctor for a thorough evaluation. This leaves the door open for potential claims if injuries do surface later, ensuring you don’t inadvertently limit your right to compensation.

Speculation about the accident

Trying to piece together what happened is a natural impulse in the confusion following an accident.

However, offering speculative statements about the cause of the accident or the sequence of events can harm your claim. Your perception might be incomplete or inaccurate due to the stress of the situation.

Insurance companies may use your speculative statements to contradict other evidence or to shift more blame onto you. Stick strictly to the facts you’re certain about. If you’re unsure about something, it’s perfectly acceptable to say, “I don’t know” or “I’m not sure.”

This honest approach prevents you from making statements that could later be proven inaccurate, which could damage your credibility and your claim. Let the investigation uncover the full picture of what occurred.

“I accept your offer”

Insurance adjusters often try to settle claims quickly and for as little money as possible. Their first offer is usually significantly lower than what your claim might actually be worth.

By accepting an early offer, you risk settling for far less than you need to cover your medical expenses, lost wages, and other damages. The full extent of your injuries and their long-term impact may not be known immediately after the accident.

Accepting an offer too soon could result in insufficient compensation for ongoing medical treatment, future lost earnings, or long-term pain and suffering.

Fully understand the extent of your injuries and damages before you consider any settlement offer. Consulting with a Denver car accident lawyer can help you assess the true value of your claim and negotiate for a fair settlement that covers your full, fair, and complete compensation.

Detailed information about your injuries

While seeking medical attention and informing your insurance company of your injuries is important, providing too much detailed information about your injuries immediately after the accident can be risky.

The full extent and impact of your injuries may not be apparent right away, and some conditions could worsen over time. By giving specific details too soon, you might inadvertently downplay the severity of your injuries or overlook issues that haven’t yet manifested.

Insurance companies might use this early information to argue against claims for injuries that become apparent later. Instead, keep your initial statement simple, such as, “I was injured in the accident and am seeking medical attention.”

Let your medical records and your doctor’s assessment provide the details of your injuries. This approach can help ensure that your injuries are considered and documented in your claim, even those that may take time to fully develop or diagnose.

“I don’t have a lawyer”

Informing the insurance company that you don’t have legal representation can put you at a major disadvantage.

Insurance adjusters are trained negotiators whose primary goal is to protect their company’s profits by minimizing policyholder payouts. When they know an attorney does not represent you, they might see an opportunity to pressure you into a quick, unfair settlement.

They may use complex legal jargon or tactics to confuse you or downplay the value of your claim. Even if you haven’t hired an attorney yet, it’s best to avoid discussing legal representation with the insurance company.

It’s best to tell them that you’re still considering your options and will have your legal representative contact them if necessary. This approach gives you time to consult with a Denver car accident lawyer who can protect your rights and ensure you’re treated fairly throughout the claims process.

Recorded statements

Insurance adjusters often request recorded statements, claiming it’s a standard part of the claims process. However, agreeing to give a recorded statement without legal counsel can be risky.

In the stress and confusion following an accident, you might misspeak or forget important details, and these recorded statements can be difficult to amend or clarify later.

Recorded statements may lock you into a specific version of events. The insurance company can then use the statements against you if it helps them lower or deny your claim.

Instead of agreeing to a recorded statement, politely inform the adjuster that you’ll provide a written statement after consulting with your attorney. This allows you time to gather your thoughts, ensure accuracy, and have your statement reviewed by a legal professional who can protect your interests.

Your personal opinions about the accident

After an accident, it’s natural to form opinions about what happened or who was at fault. However, sharing these personal opinions with your insurance company can harm your claim.

Your perceptions might be influenced by the stress and confusion of the moment, and you may not have all the facts.

Insurance companies could use your opinions to contradict other evidence or to shift more blame onto you.

Stick to objective, factual information when describing the accident. If you’re unsure about something, it’s okay to say so. Let the investigation uncover the full picture of what occurred rather than offering speculative opinions that could harm your case.

Information about your work or daily activities

Don’t discuss your work schedule or daily activities with your insurance company, especially if you claim injuries from the accident. Insurance adjusters might use this information to argue that your injuries aren’t as severe as you claim.

For instance, if you mention returning to work shortly after the accident, they might argue that your injuries are minor, even if you’re working through pain or with accommodations. Similarly, discussing daily activities like exercising or household chores could be used to downplay the impact of your injuries.

It’s best to let your medical records and your doctor’s recommendations speak to your condition and limitations.

If an insurance company asks about your activities, keep your responses general and emphasize that you follow your doctor’s advice. The goal is to recover your health while also protecting your right to fair compensation for your injuries and damages.

“I want to settle immediately”

Expressing eagerness to settle your claim quickly can signal to the insurance company that you will accept less than you deserve. Insurance adjusters might interpret this as an opportunity to offer a low settlement, assuming you’re more interested in a fast payout than fair compensation.

However, settling too quickly can be a costly mistake. The full extent of your injuries and their long-term impact may not be immediately apparent, and you might incur additional medical expenses or lost wages in the future.

By rushing to settle, you risk accepting an amount that doesn’t cover all your accident-related costs. Take the time to understand the full extent of your injuries, damages, and potential future expenses before considering any settlement offers.

A Denver car accident lawyer can help you assess the true value of your claim and ensure you don’t settle for less than you deserve.

Social media posts about the accident

While this isn’t something you directly tell your insurance company, they may monitor your social media accounts as part of their investigation.

Posting about the accident, your injuries, or your daily activities on platforms like Facebook, Instagram, or Twitter can potentially harm your claim. Insurance companies might use these posts to contradict your statements or argue that your injuries are less severe than claimed.

For example, a photo of you enjoying yourself at an event could be used to question the extent of your pain and suffering, even if the photo doesn’t accurately represent your condition. It’s best to avoid posting about the accident or your recovery on social media altogether.

If you must use social media, be mindful of your privacy settings and consider the potential impact of your posts on your claim. The insurance company can use anything you share, whether publicly or through private social media accounts, as evidence against you.

“I don’t need to see a doctor”

Much like telling your insurance company that you feel fine, stating that you don’t need medical attention after an accident can severely limit your ability to claim compensation for injuries that manifest later.

Some injuries, particularly those involving soft tissue or internal organs, may not show symptoms immediately.

By stating you don’t need medical care, you’re potentially giving the insurance company grounds to argue that any injuries you claim later weren’t caused by the accident.

Even if you feel fine, seeking medical care immediately after an accident can protect your claim. A doctor can identify injuries you might not be aware of and provide documentation that links your injuries to the accident. Medical records provide vital evidence for your claim.

How a Denver Car Accident Lawyer Can Help

After a car accident, you’re suddenly in a world of insurance claims, medical bills, and potential legal challenges. It can be daunting, especially when you’re trying to recover from injuries.

A Denver car accident lawyer can ease your burdens significantly, giving you more time and energy to heal.

At Fuicelli & Lee, we recognize that every client and every case differs. We take a personalized approach to everyone who calls us or walks through our door seeking help with a car accident claim or other personal injury case.

Contact Fuicelli & Lee’s Team of Car Accident Lawyers Today

If you’ve been injured in an accident in Denver or anywhere along the Front Range, don’t face the insurance companies alone. Contact the Denver personal injury lawyers from Fuicelli & Lee today at (303) 444-4444 for a free, no-obligation consultation or reach out to us by using our online contact form, and we will get right back to you.

Our experienced team is available 24/7 to discuss your case and help you understand your options. Let us put our experience to work for you and help you get the full, fair, and complete compensation you deserve.