What Injured Drivers Should Know About Talking to a Car Insurance Adjuster

On behalf of the Team of Bergeron Clifford LLP posted in Car Accidents on March 19, 2014

After an Ontario car, truck or bus accident, an injured driver will contact his/her own car insurance company to report the accident.  The insurance company of the at fault driver may also contact the injured driver to inquire about the accident.  Do Ontario drivers need to talk to their own insurance companies after car accidents? Do they need to speak to the other drivers’ insurance companies? This article will address these questions.

Related: Steps to Take After an Ontario Car Accident in Kingston, Ottawa or Whitby

Talking to the Driver’s Own Auto Insurance Company After a Car Accident

After auto accidents in Kingston and Ottawa, injured drivers are required to contact their own car insurance companies to report accidents in order to receive mandatory accident benefits.  Injured drivers have 7 days to contact their car insurance companies to apply for benefits such as lost pay or income continuation and medical and rehabilitation benefits.

The insurance company may ask the insured driver about the accident, i.e., how the accident happened, what happened after the accident, what injuries the driver sustained, etc. The insurance company may also send someone out to the driver’s home to talk about the accident.

Talking to the At Fault Driver’s Car Insurance Company After a Car Accident

Though an injured driver has to notify and cooperate with his own insurance company after an accident, he is not obligated to speak to the insurance company of the driver who caused the accident.  If the at fault driver’s insurance company contacts the injured driver, it is best that the injured driver asks the insurance adjuster to talk to his lawyer.  If the injured driver chooses to speak to the other driver’s insurance company, he should be aware that what he says may be used against him in a subsequent car accident lawsuit.

For example, consider the following scenario. A day after the accident, an injured driver is contacted by the at fault driver’s insurance company.  The driver is asked about his injuries.  Many times injured drivers do not feel the full extent of their injuries immediately after an accident.  In this case, the driver says he is a little sore in the neck, but okay overall.  However, a few days after the accident, the injured driver begins to feel pain in his neck, and the pain radiates down to his right arm.  In addition, he starts to have numbness down his right arm.  An MRI imaging study reveals two herniated discs in his neck, which are causing the pain and numbness.  His injuries are more serious than he originally thought, but what he said about being a little sore may present an unnecessary hurdle in his subsequent lawsuit.  The severity of the driver’s injuries may be at issue because he said he was a little sore when he spoke to the at fault driver’s insurance company.

Tips for an Injured Driver When Talking to an Insurance Adjuster

  1. Talk to an Ontario car accident lawyer before talking to your own car insurance company. Insurance companies deal with accident claims all the time, and this is probably your first time.  Therefore, it is important to know your rights and what to expect.
  2. Make sure to keep your lawyer informed of all conversations you have with your own car insurance company and any aspects of the accident benefit claims, including the correspondence and documents.
  3. Talk to an Ontario accident lawyer before deciding to talk to the at fault driver’s insurance company.  As mentioned above, what you say to the other driver’s insurance company may be used against you.
  4. Only talk to a car insurance adjuster when you are calm, collected and medically able to.

The personal injury car accident lawyers at Bergeron Clifford have 40 years of experience representing injured clients and their loved ones after Ontario auto accidents.  If you would like to discuss any aspect of your accident and injury, please do not hesitate to call us at 1-866-384-5886.

Contact Bergeron | Clifford LLP

Let us help you if you have been injured anywhere in Eastern Ontario. Contact us at 866-384-5886 or fill out our online form. We can meet at any of our office locations, including Kingston, Ottawa, Whitby, Carleton Place, Perth or wherever is most convenient for you.

FIND A LOCATION
ccla-abcc
murney-tower
northumberland-county-law-association
the-advocates-society
ontario-trial-lawyers-association