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Car Accidents:

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Do I have to talk to the insurance company right after an accident?

A:
The most important thing you can do after an accident is to be sure you are safe and that you get the medical treatment you need.  If you have been in a serious accident even if you do not think you are seriously injured, we recommend that you get a medical check-up as soon as possible.  Sometimes, medical injuries are not readily apparent at the scene of the accident and show up later.

When determining whether you have to talk to the insurance company, it is important to ask, “Which insurance company?” You have a duty to cooperate in the defense of a case with your own insurance company.  You do not have to cooperate with other drivers’ insurance companies.  Your own insurance policy will contain a provision requiring you to cooperate with them.  However, you are not bound by other drivers’ the insurance policies. 

Right after an accident you may not be in the best position to accurately describe what happened.  Your perception of the accident may be confused because of injuries.  You may not remember every thing right away.  Therefore, we recommend you make sure you are medically safe before even calling your own insurance company.  If we represent you, we will assist you in reporting the accident to your insurance company.

Representatives of the other drivers’ insurance companies will likely want to talk to you about the events.  You do not have to give a statement to the other company.  The other driver’s insurance company is not likely to have your best interests at heart.  In fact, the interest of the insurance company is to resolve the matter as quickly as possible with either no payment or a very small payment even before you know what your full injuries may be.

Therefore, we recommend that if you are going to give a statement to the other insurance company, you do so only after we have had an opportunity to discuss the facts of the case with you to make sure you give an accurate statement.  And then, only if it is in your best interest to give a statement at all.

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