Personal Injury Video Law Tip
“Well, it really depends on which insurance company we are talking about, if we are talking about your insurance company that you have for your automobile or on your premises, you obviously want to work with them, in fact you have a duty to cooperate with them to investigate the accidents or claims. If it’s the person’s insurance company who injured you, you want to be careful about contacting them or communicating with them because obviously they are going to use that information against you at some point further in time.” – Bill Abel
You should direct them to your attorney, but if you do not have an attorney, then the answer really depends on whose insurance company is approaching you.
Insurance companies regularly investigate accidents to determine whether their insured is responsible for the accident which can result in the insurance company paying money for the accident and injuries. If it is the other person’s insurance company that approached you, then you should not assist them with their investigation. You are not required to assist them (either contractually or legally) and the down side is too great.
If it is your insurance company, you have a duty to cooperate and assist in their investigation; however, how much you assist them is another matter. For example, your insurance company may want to take a sworn, recorded statement from you. While you don’t have anything to hide and may want to do this, it is not a good idea. You will be asked an assortment of questions that you are not prepared to answer and the fact that the statement is sworn means that it can later be used against you should your case go to court. Some pitfalls include that you may not understand the question you are being asked or you may not know an answer but give one anyway because you want to assist with the investigation.
A better option would be to give an unsworn and unrecorded statement or to refuse to give a statement at all. There are many such hazards that exists if you assist the insurance company with their investigation. As a general rule, it is best to retain an attorney after an accident to guide you through the insurance company investigation regardless of whether you are injured in the accident. Of course, if you are injured, then it is critical that you retain an attorney immediately after the accident.
Personal injury law video number 100031: Video: What should I do if an insurance company approached me about my injuries in my accident case?