Generally, it is not in the best interest of the injured party to talk to the other driver’s insurance company’s representative. [In fact, if might not be wise to talk to your own insurance company without an attorney if the other driver is underinsured.
The representative of the other party’s insurance company is going to be looking at two things:
- Determine ways to minimize the fault on the part of their insured, and
- to find ways to minimize the injury and amount of recovery.
When the injured party is contacted by the insurance company they should indicate to the claims representative that they want the opportunity to talk to an attorney first. You should ask for the claims representative’s name, claim number, telephone number, and then seek the assistance of a qualified attorney.
What if it’s too late and the insurance company already recorded a statement from me?
There’s no right to an attorney during a recorded interview with the insurance company for the person who injured you in a car accident, but there is a right to say no.
If the insurance company is balking at a fair resolution to a claim, I will at times have my client interviewed. It is no different than what would happen in a deposition after a lawsuit is filed. I would try to settle the claim without the need for a lawsuit. However, under those relatively uncommon situations, I will always be present.
Therefore, contact an attorney as soon as possible and they will ask for audio copies of the interview review it and then talk to you.