100+ years of combined experience and over $200 million won for our clients in Missouri and Illinois. Contact a personal injury lawyer near you.
Free Consultation
(314) 500-HURTWhat should I do when the other driver’s insurance contacts me? The aftermath of a car accident can be overwhelming. From getting your car fixed to getting the right medical treatment, there’s a lot to do. One of the most difficult parts of the process is dealing with the at-fault driver’s insurance company. They’ll probably contact you shortly after the accident to discuss the details. While you have to deal with the insurance company to be fairly compensated, it’s also crucial to protect your own interests and ensure that you receive a full financial recovery for any damages or injuries you’ve suffered. However, when they call, they’ll try to find a way to minimize your claim or avoid liability altogether, so it’s important to know what to do when they contact you.
Burger Law‘s personal injury lawyers are experienced trial attorneys who don’t let the insurance company get their way. If you or a loved one has been injured in a car accident, call Burger Law at or fill out our online form to discuss your case for free. Based in St. Louis and Chicago, we serve the injured throughout Missouri and Illinois.
Most people have never had to deal with an injury claim before, but it’s best to be prepared before the insurance company calls. Some things to keep in mind are:
Once you feel like you understand the process, it’s time to answer the phone and defend your rights. Below are the best strategies to use to make sure you are compensated fairly:
Be polite and respectful as you would be when dealing with anyone else in a legal or professional situation. While it’s certainly frustrating if the insurance adjuster tries to devalue your claim, you still need them to facilitate the claim in order to be compensated. It’s in your best interest to facilitate smooth communication, even if you disagree with what the adjuster is saying.
However, don’t be afraid to be firm and assert your rights. You deserve a recovery for 100 percent of your damages. If the adjuster pushes back, respond by reiterating the value of your damages and why they are covered under the policy. If the insurance adjuster acts friendly, they’re just trying to get you to lower your guard. No matter what they say, their main goal is to pay you as little money as possible.
Ask the person calling for their name, phone number, and the name of the insurance company they represent. You can also request the claim number associated with your case. This information will be helpful if you need to follow up later.
Even if you think you might be partially at-fault for the accident, it’s important not to admit fault or apologize. Anything you say could be used against you later on. Instead, simply provide the facts about the accident, such as the location, time, weather conditions or any other relevant factors.
While it’s important to be cooperative, you should not provide any unnecessary information. Stick to the facts about the accident and your injuries. Do not provide any information about your medical history outside of the accident or your personal life. In your answers, do not supply any information that wasn’t directly asked for. Don’t guess about any information you aren’t sure about or what other drivers were thinking or doing.
The adjuster may tell you they can’t process your claim without a recorded statement, but that isn’t true. The reason they ask for a recorded statement is to compare it to police reports or other evidence and look for inconsistencies. If they accident happened months ago you may not remember every detail correctly. It’s best to have a car accident lawyer advise you before giving a statement. Remember, in Missouri you have five years to file a car accident claim, and in Illinois you have two years. It’s OK to tell the insurance company you need time to speak to an attorney first.
That said, if your accident was a relatively simple one and you’re certain of the relevant facts – say you were rear-ended at the stop light and the other driver admitted fault – it may be OK to give a recorded statement without an attorney. Be honest and accurate in describing what happened. Stick to the facts of the accident, but avoid speculating about what caused it. Remember to keep answers short, and if you don’t remember something refer the adjuster to the police report or other evidence.
The other driver’s insurance company may ask you to sign a medical authorization form, which would give them access to your medical records. This is not something you should agree to without consulting with an attorney. The insurance company may use your medical records to dispute the extent of your injuries or to minimize their liability for the accident. For example, they may try to say your injuries were pre-existing or that you’re exaggerating the extent of them.
Give the insurance company your medical bills and any doctors’ records related to the accident, but don’t allow them to have full access to your medical records.
The insurance company may ask you to sign a release or settlement agreement. Settlement agreements include language that prevents you from seeking further compensation for your injuries related to the accident. Do not sign anything until you have consulted with a personal injury lawyer. Most personal injury lawyers offer free consultations, so there’s no harm in asking one about your case. Bring records of your damages and be prepared to discuss the facts of your case; the attorney will tell you if the settlement offer is fair.
If you haven’t already, contact a personal injury lawyer as soon as possible. If they tell you the insurance company is offering you much less than what your case is worth, it’s probably in your best interest to hire a lawyer to handle the insurance company for you. A reputable car accident attorney will be honest about whether or not they can add substantial value to your claim. You can learn more about when to hire a personal injury lawyer here.
Always remember that the insurance company’s goal is to settle your case quickly and for as little money as possible. By being cautious, yet firm, and seeking legal advice, you can protect yourself and ensure that you receive fair compensation for your injuries. Want greater peace of mind? Call Burger Law. We fight back against resistant insurance companies every day, and are more than happy to answer your questions for free. Speak to a St. Louis-based car accident lawyer today at or contact us online for to discuss your case today.
Related article: Someone Hit My Car: Whose Insurance Do I Call?
Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
Similar FAQs
What is the average settlement for a car accident? Data indicates that the average car accident settlement falls between $20,000 and $30,000, though actual amounts can vary widely ...
When is it too late to get a lawyer for a car accident in St. Louis? Many of our clients tell us they never imagined they'd need to hire a car accident lawyer. When a lot of our cl...
When Should I Hire an Attorney After a Car Accident? If you were injured in a car accident that was not your fault, it is imperative to reach out to a car accident attorney immedia...
NO FEES UNTIL WE WIN YOUR CASE
We offer free consultations and are available 24/7 to take your call. Live chat, text, and virtual meetings are available.
or call us at
(314) 500-HURT