Following an unexpected car accident, you likely have a lot of questions – especially if this was your first accident. Prior to hiring our law firm, many of our clients ask us whether or not they should talk to the insurance companies involved. This article will discuss when you should talk to an insurance company, what to do if the at-fault party’s insurance company tries to contact you, and much more.

If you were hurt in a car accident that you did not cause, our law firm is here to help. With decades of combined experience, millions in compensation recovered, and a team of award-winning car accident attorneys, you can trust that we will have your back. For a free case evaluation directly with a lawyer, simply call our office at (803) 888-2200 or submit an online request form and a member of our team will be in touch with you shortly.

When You Should Speak to an Insurance Company

If you were involved in a car accident, you should report the accident to your insurance company. Most insurance companies have 24/7 hotlines or online portals where you can report the accident. This can usually be done on your own, without an attorney.

If another driver was at-fault for the accident, you or your attorney will need to file an insurance claim with the at-fault party’s insurance company. This is referred to as a third-party claim, and is the point of time at which this process can quickly become overwhelming without an experienced attorney on your side. Why?

Insurance Company Tricks to Look Out For

Once you submit a claim against the at-fault party’s insurance company, they will begin an investigation into the accident. Many times, they will use tricks like the ones listed below in an attempt to:

  • Get you to admit partial fault – this lowers the amount of compensation you may qualify for.
  • Get you to give up – they may make the process seem like it’s not worth the effort, therefore paying you less or even none of the compensation you deserve.
  • Get you to accept a lowballed settlement – they may offer you much less than the true value of your claim in hopes you’ll accept it. Once you accept an offer, you cannot go back and fight for more.
  • Deny your claim – even in clear liability cases, the insurance company may try to deny your claim.

It’s important to remember that during the claims process, an insurance company may be actively looking for ways to reduce the amount of compensation you qualify for by getting you to admit partial fault. Some common examples of this include:

  • Asking confusing or misleading questions
  • Becoming unresponsive
  • Losing important documents
  • Letting the statute of limitations pass
  • Asking for a recorded statement
  • Overwhelming you with outreach, such as calls and texts

When You Should Not Speak to an Insurance Company

Generally, after a car accident, we recommend speaking with an attorney before speaking with the at-fault party’s insurance company. However, here are a few specific examples of when it is in your best interest not to speak with the other driver’s insurance company:

Immediately Following the Accident

In the days or weeks following an accident, the at-fault party’s insurance company will likely reach out to you. It’s important to remember that adrenaline can mask injuries after an unexpected accident. In fact, it is not uncommon for injury symptoms to begin days, and sometimes even weeks, after an accident.

Speaking to the insurance company too quickly can harm your injury case. For example, you may say that you feel fine a day later, only to realize you’re in pain a week later. Even if you feel okay at first, it’s best to see a doctor and monitor yourself for any new or worsened pain before speaking with an insurance company. 

You’re Injured

If you were injured in a car accident, you should first seek medical attention, as your health is the most important thing. Then, reach out to a trusted car accident attorney. An experienced lawyer will be able to use their experience to seek fair compensation for all past, present, and future medical care needs associated with the accident, as well as other damages.

Our attorneys have experience representing clients facing a wide array of injuries after an accident – from sprains and breaks to catastrophic injuries and wrongful death. No matter the severity of your injuries, we are committed to fighting to get you the best possible outcome for your case and future.

You’re Still Getting Medical Treatment

In order to ensure you’re getting adequate compensation, you should wait until you have a full understanding of your injuries, the recovery times, and the impact your injuries will have on all areas of your life before speaking with an insurance company.

They Ask For a Recorded Statement

Generally, you should avoid giving a recorded statement. This includes answering questions on a recorded line. To protect yourself, you can decline giving a recorded statement and explain that you are seeking legal guidance.

If You’re Unsure Who Was At-Fault

If you’re unsure about who was at fault for the accident, it is best to speak with a lawyer so they can conduct a thorough investigation into the accident to prove fault.

In South Carolina, the amount of compensation you qualify for is dependent on the percent you are found to be at-fault. For instance, if you were found to be 40% at-fault for the accident, you may only recover up to 60% of the compensation available to you. To receive any compensation, you must be found to be 50% at fault or less.

This is one of the reasons why it’s critical to hire a car accident attorney to represent you and prioritize you and your wants for the case.

How a Lawyer Can Help You

The last thing you should have to handle after a car accident is battling insurance companies for the compensation you deserve. With Cavanaugh & Thickens, LLC on your side, you can trust us to handle the legal intricacies for you so you can focus on healing and moving forward.

We will:

  • Thoroughly investigate the accident to prove fault and negligence pursuant to state law
  • Identify all forms of compensation available to you
  • Keep you updated on your case throughout the process, answering any questions you may have
  • Optimize your injury claim
  • Aggressively negotiate with insurance companies, fighting to get you the entirety of what you deserve
  • File a lawsuit and bring your case to trial when necessary

Contact the Award-Winning Car Accident Attorneys at Cavanaugh & Thickens, LLC

With hundreds of 5-star reviews and millions in compensation recovered for clients throughout the state, we’re here to help.

For a free case evaluation directly with a local car accident attorney, call our office today at (803) 888-2200 or complete our online form and a member of our team will reach out shortly. We’re here to make this process as easy as possible for you, and we look forward to speaking with you.

Cavanaugh & Thickens, LLC – Car Accident Case Results

  • $2,050,000 – Truck Accident
  • $2,250,000 – Truck Accident
  • $750,000 – Car Accident
  • $675,000 – Car Accident
  • $420,000 – Car Accident
  • $5,000,000 – Tractor Trailer Accident
  • $420,000 – Car Accident
  • View More Results

With offices in Columbia and Charleston, our lawyers travel to and represent clients throughout the state of South Carolina.

Disclaimer: This article is presented for informational purposes only and is not legal advice.

Author – J. Eric Cavanaugh

J. Eric CavanaughI’m Eric Cavanaugh, and I am a partner and personal injury attorney here at Cavanaugh & Thickens, LLC. My practice primarily focuses on trucking and car accidents, representing victims and their loved ones across the State of South Carolina.

I care deeply about people and making sure every one of our clients gets the care and compensation they deserve physically, financially, and emotionally.

Seeing the impact that serious accidents have on people never gets easier, but I feel a great sense of pride in being able to get people the justice they deserve and providing hope in what’s often a very difficult time in their lives.

I’m committed to ensuring that people know their rights and that those rights are protected at all times throughout their case and beyond; and I’m passionate about fighting to make South Carolina roads safer for residents and visitors.

If you have any questions about what was covered in this article, in general, or are interested in becoming a client at Cavanaugh & Thickens, LLC, give us a call.