When faced with a car crash, most people will immediately call their insurance company to report the accident. They believe the insurance company is there to help them move forward and will provide them with the settlement they need to recover. That’s not entirely true. In fact, talking to the insurance company after a crash could be a big mistake.
Your Insurance Company
Alabama operates under something called “pure contributory negligence.” This means that if a car accident victim is responsible for the crash in any way, even 1% responsible, they cannot recover damages.
Because of Alabama’s insurance rules, drivers seeking compensation need to protect themselves as much as possible. That starts by carefully choosing their words.
Insurance companies usually require that policyholders report a crash within 24 hours. However, they do not require that the policyholder give a recorded statement.
Providing a recorded statement is a bad idea. The insurance companies have expertly crafted questions made to draw out guilt from anyone, even someone who was blindsided in a crash.
For example, if someone says, “They hit me so fast, I didn’t see them coming,” their own insurance company might argue that they were responsible for the crash because they weren’t paying attention, and if they had seen the other driver, the accident could have been avoided.
When it comes to dealing with your insurance company, the best thing victims can do is leave the arguing to an attorney.
The Other Driver’s Insurance Company
Sometimes, the responsible driver’s insurance company will call the victim in an attempt to shift the blame. If the victim says something that makes them sound even 1% responsible for the crash, the insurance company can avoid paying a settlement.
When victims receive a call from someone else’s insurance company, they should politely hang up at the first opportunity. Victims have no duty to speak to the other driver’s insurance. In fact, doing so will only hurt their case.
If you or someone you love were involved in a serious car crash, we can help. If you’d like an experienced Birmingham accident lawyer from Montgomery Ponder, LLC to evaluate your case, please send us an email or call (205) 377-5004.