After a car accident, it may not take long before the phone calls begin. Your insurance company may want details about what happened, and the other driver’s insurance company may contact you for a statement.
So, should you talk to them?
The answer depends in part on which insurance company is calling and what they’re asking you to provide. You may have obligations to cooperate with your own insurer under your policy. However, you should be more cautious when communicating with the other driver’s insurance company, particularly if you’ve been injured.
Understanding the difference can help you protect your rights and avoid making decisions before you have all the information.
If you’ve recently been involved in a collision and aren’t sure what steps to take first, read our guide on What Should You Do After a Car Accident in Ohio? for information about documenting the accident, seeking medical attention, exchanging information, and protecting your rights.
This article provides general information based on Ohio law, including the Ohio Revised Code, and is intended to help Ohio drivers better understand the insurance process following a car accident.
Should You Contact Your Own Insurance Company After an Accident?
In most cases, you should notify your own auto insurance company about an accident promptly.
Your insurance policy is a contract, and it may include requirements for reporting accidents and cooperating with your insurer during its investigation.
When speaking with your own insurance company, provide accurate, factual information about what happened. If you don’t know the answer to a question, it’s okay to say that rather than guessing.
Even when dealing with your own insurer, it’s a good idea to understand what you’re being asked before providing a recorded statement or signing documents.
What If the Other Driver’s Insurance Company Calls You?
This situation deserves more caution.
The other driver’s insurance adjuster may seem helpful and may simply say they want to hear your side of the story. However, it’s important to remember that the insurance company represents its insured and has its own financial interests to consider.
You generally do not have the same contractual obligation to cooperate with another driver’s insurance company that you may have with your own insurer.
Before giving a detailed or recorded statement, particularly if you were injured, you may want to speak with an attorney about your situation.
Should You Give a Recorded Statement?
An insurance adjuster may ask whether they can record your conversation about the accident.
Before agreeing, make sure you understand who is requesting the statement, why it is being requested, and whether you are required to provide it.
Why Your Words Can Matter
In the hours or days immediately following an accident, you may not yet have all the information about what happened.
You may also not know the full extent of your injuries.
For example, casually saying that you “feel fine” shortly after the accident could create confusion later if pain or other symptoms develop.
Similarly, guessing about speed, distance, or exactly how the collision occurred could result in statements that don’t accurately reflect what happened.
Being truthful is essential, but that doesn’t mean you need to speculate about things you don’t know.
What Should You Say to an Insurance Adjuster?
If you do speak with an insurance adjuster, keep your answers factual and straightforward.
You can provide basic information such as:
- Your name and contact information
- The date and location of the accident
- The vehicles involved
- Basic factual information about what occurred
Avoid guessing or filling in details you aren’t sure about.
You should also be cautious about making definitive statements about fault or the extent of your injuries before all of the facts are known.
Should You Sign Medical Authorizations or Other Documents?
An insurance company may ask you to sign forms related to your claim, including authorizations involving your medical records.
Before signing, make sure you understand exactly what information the document allows the insurance company to access and how that information may be used.
If you aren’t sure what a document means or why you’re being asked to sign it, consider having it reviewed before agreeing.
What About an Early Settlement Offer?
Sometimes an insurance company may offer to settle a claim relatively quickly.
Receiving an offer can sound appealing, particularly when you’re dealing with medical expenses, missed work, or vehicle repairs.
However, it’s important to understand the full extent of your injuries and losses before resolving a claim.
A Settlement Is Typically Final
When you settle a personal injury claim, you may be asked to sign a release giving up your right to pursue additional compensation related to the accident.
That can become important if your injuries turn out to be more serious than you initially realized or if you require additional medical treatment later.
Before accepting a settlement, make sure you understand what the agreement covers and what rights you may be giving up.
What If the Insurance Company Says You Were Partially at Fault?
An insurance company may dispute who caused the accident or argue that both drivers share responsibility.
That does not necessarily mean you cannot recover compensation.
Ohio follows a modified comparative negligence system. Under Ohio Revised Code § 2315.33, a person may still be able to recover damages when their share of responsibility is not greater than the combined responsibility of the other parties involved, although any recovery may be reduced according to their percentage of fault.
Fault can become a complicated issue, particularly when drivers, witnesses, and insurance companies have different versions of what occurred.
How Long Do You Have to Take Legal Action After an Ohio Car Accident?
Insurance negotiations do not necessarily extend the legal deadline for filing a lawsuit.
Under Ohio Revised Code § 2305.10, actions for bodily injury or injury to personal property generally must be brought within two years after the cause of action accrues, although exceptions may apply.
This is one reason it’s important not to allow an insurance claim to continue indefinitely without understanding the deadlines that may apply to your situation.
When Should You Consider Talking to an Attorney?
Not every insurance claim requires an attorney. But getting legal guidance may be particularly helpful if:
- You suffered significant injuries
- The other driver’s insurance company wants a recorded statement
- Fault for the accident is disputed
- Your claim has been denied
- The settlement offer doesn’t appear to cover your losses
- You’re being asked to sign a release or medical authorization
- Multiple vehicles or parties were involved
- You’re unsure what your claim may be worth
A personal injury attorney can review the circumstances of the accident, help you understand your rights, and communicate with insurance companies on your behalf when appropriate.
Frequently Asked Questions About Insurance After an Ohio Car Accident
1. Do I have to talk to the other driver’s insurance company?
You generally don’t have the same contractual relationship with the other driver’s insurer that you have with your own insurance company. Before providing a detailed or recorded statement, consider whether speaking with an attorney would be appropriate for your situation.
2. What if an insurance adjuster keeps calling me?
You don’t have to feel pressured into having a detailed conversation before you’re ready. You can ask what information the adjuster needs, take down their contact information, and consider seeking legal guidance before responding.
3. Can the insurance company use what I say against my claim?
Statements you make about the accident, your injuries, or other circumstances may become relevant when an insurance company evaluates your claim. That’s why it’s important to be accurate and avoid guessing or minimizing your injuries.
4. Should I accept a settlement if it seems fair?
Before accepting a settlement, consider whether you understand the extent of your injuries, current and potential future expenses, lost income, and any other losses associated with the accident. You should also understand whether accepting the settlement requires you to release future claims.
Understand Your Options Before Making a Decision
Dealing with insurance companies can add another layer of stress after a car accident. You may be asked questions or presented with decisions before you fully understand the extent of your injuries or what your claim may involve.
Taking the time to understand your rights can help you make informed decisions about what comes next.
At Smith & Webb, Attorneys, we help individuals injured in accidents understand their legal options and navigate the claims process. If you’ve been injured in an Ohio car accident and have questions about dealing with an insurance company, our attorneys are here to help.
Disclaimer
This article provides general information based on Ohio law, including the Ohio Revised Code, and is intended for educational purposes only. It should not be considered legal advice and does not create an attorney-client relationship. Insurance policies, claims, and individual circumstances vary. If you have questions about your specific situation, consult with a qualified attorney.
