After a Florida car accident, you may receive a phone call from an insurance company asking what happened.
The insurance adjuster may seem friendly and helpful. They may ask whether you are injured, what happened, or whether you would like to provide a recorded statement.
While you generally need to cooperate with your own insurance company as required by your policy, you should be careful about making statements regarding fault, your injuries, or the value of your claim without first understanding your rights.
What you say after an accident can potentially affect your personal injury claim.
Why Is the Insurance Company Calling?
Insurance companies investigate accidents to determine whether a claim is covered and how much may be owed.
An adjuster may ask questions such as:
- How did the accident happen?
- Were you injured?
- Did you see a doctor?
- How severe is your pain?
- Have you had similar injuries before?
- Who do you believe caused the accident?
- What damage occurred?
- Can you provide a recorded statement?
Some of these questions may seem harmless.
However, you should remember that the insurance company’s interests may not always be the same as yours.
Should You Give a Recorded Statement?
A recorded statement can become part of the insurance company’s claim file.
Statements about how an accident occurred, when your pain started, or the extent of your injuries may later be compared with medical records, accident reports, or testimony.
That does not mean you should refuse every communication with an insurance company.
Rather, you should understand what you are being asked, why the information is being requested, and whether providing a statement is required under your policy or applicable law.
If you are pursuing a significant injury claim, speaking with a Florida personal injury attorney before providing a recorded statement can help you understand the potential consequences.
Be Careful When Describing Your Injuries
Some injuries are immediately obvious.
Others may develop or become more noticeable over the days or weeks following an accident.
For example, symptoms associated with certain soft-tissue injuries, back injuries, or other conditions may not become apparent immediately.
That is one reason it is important to seek appropriate medical attention after an accident.
You should never exaggerate an injury, but you also should not minimize your symptoms simply because you are speaking with an insurance adjuster.
Be truthful and accurate.
What If the Insurance Company Asks Who Was At Fault?
Determining responsibility for a Florida car accident can involve more than simply asking each driver what happened.
Evidence may include:
- Police reports
- Photographs
- Video footage
- Traffic-camera footage
- Vehicle damage
- Witness statements
- Accident reconstruction
- Medical records
- Cell phone records
- Road conditions
- Traffic signals
Florida’s comparative fault law can also affect the amount of compensation available in a negligence case.
Under Florida law, a party’s recovery may be reduced based on their percentage of fault. In most negligence actions, a plaintiff who is found to be more than 50% at fault for their own harm cannot recover damages. (flsenate.gov)
Because fault can have a substantial financial impact, it is important to be careful about making conclusions about responsibility before all the evidence has been reviewed.
What If the Insurance Company Offers a Settlement?
An insurance company may make a settlement offer relatively early in the claims process.
Before accepting an offer, consider whether you fully understand:
- The extent of your injuries
- Your current medical expenses
- Future medical treatment
- Lost income
- Potential future lost wages
- Permanent impairment
- Pain and suffering
- Available insurance coverage
Once a settlement is accepted and properly finalized, you may be giving up the ability to seek additional compensation for the same claim.
That is why it is important to understand what you are agreeing to before signing a settlement or release.
What Should You Do After a Florida Car Accident?
After an accident, consider taking the following steps:
1. Get Medical Attention
If you are injured or develop symptoms, seek appropriate medical care.
2. Report the Accident
Follow applicable reporting requirements and obtain a copy of the accident report when available.
3. Document the Accident
Take photographs of the vehicles, accident scene, road conditions, visible injuries, and other relevant evidence if it is safe to do so.
4. Keep Your Medical Records
Keep documentation of appointments, treatment, prescriptions, expenses, and other accident-related records.
5. Be Careful With Social Media
Avoid posting photographs, videos, or statements about your accident or injuries without considering how they could potentially be interpreted later.
6. Don’t Guess
When speaking about the accident, be truthful. If you do not know an answer, it is better to say that you do not know than to guess.
Do You Need a Florida Car Accident Attorney?
Not every accident requires an attorney.
However, legal representation may become particularly important when:
- You suffered significant injuries.
- The insurance company disputes liability.
- Multiple vehicles were involved.
- Your injuries require ongoing treatment.
- You are unable to work.
- The insurance company disputes the value of your claim.
- You are being pressured to accept a settlement.
- The other driver was uninsured or underinsured.
A personal injury attorney can investigate the accident, identify potentially applicable insurance coverage, evaluate damages, and communicate with insurance companies on your behalf.
Don’t Let an Insurance Company Rush Your Decision
After an accident, you may be dealing with medical appointments, lost income, vehicle repairs, and uncertainty about what happens next.
You do not necessarily have to make an immediate decision about a settlement simply because an insurance adjuster calls.
Before accepting an offer or making important statements about your injuries or claim, make sure you understand your rights and the potential consequences.
Contact Lance P. Richard, P.A.
If you were injured in a car accident in Stuart, Martin County, Port St. Lucie, or surrounding areas, Lance P. Richard, P.A. can help you understand your options.
An experienced Florida personal injury attorney can review the circumstances of your accident, investigate the available evidence, and help determine whether pursuing a personal injury claim is appropriate.
Contact Lance P. Richard, P.A. to schedule a consultation and discuss your Florida car accident claim.
Need help? Learn more about working with a Stuart car accident lawyer, or call (772) 223-9600 for a free consultation.
This article provides general legal information and is not a substitute for legal advice regarding a specific accident or insurance claim.
