Insurance (not mine) keeps calling (You're not my attorney nor my agent)

July 1, 2021 3:14 PM

The Net/Google has told me that I should never talk to the insurer of the person who hit me, that they will try and trick me into saying something wrong so they don't have to pay.

Not only are they (Company B--her company) calling, but Company C (what? not mine, not hers, just a random insurance group) keeps calling too. I worked for a PI attorney too long to think of insurance companies as innocuous; even though they said their client accepts full responsibility.

Is there anything I absolutely shouldn't say, were I to talk to their insurance company?

posted by Rumi'sLeftSock to Travel & Transportation (6 answers total)

I assume your insuror is Company A. Talk to them only. For better results, also talk to a PI attorney who represents you. You want your payout to be as large as you deserve, which is not necessarily Company A's main priority.

Please explain why you would even consider talking to Company B or Company C. What benefit to you? Relax, put your feet up, watch a movie maybe. Don't spend your life talking to insurance companies.
posted by JimN2TAW at 3:24 PM on July 1, 2021 [7 favorites]

Last time I was involved in a collision, both insurance companies interviewed me to determine fault. I asked my insurance company what their preference was, and they said "sure, go ahead and talk to the other insurance company".

I realize that my insurance company isn't always on my side, but if I were you I'd ask my insurance company's rep about this.
posted by straw at 3:38 PM on July 1, 2021 [4 favorites]

I'm not sure who Company A, B, or C are here. I'm also assuming this is an automotive claim given the tags on the question. I'm also assuming you are in the USA lest any information to the contrary.

As a general comment, there are three places to go to resolve an insurance claim that's not at your fault:

1. Your insurance company: If you have collision insurance, you can make a claim with your insurance company for the collision. Your insurance company will then go on to pursue the responsible party's insurance for the claim. Your insurance company doesn't have a lot of motivation to get you the most money for the collision possible, but at the very least, they want to retain you as a customer. You will pay for your deductible immediately, but your insurance company will attempt to recover that deductible for you. If you do not have collision (ie, liability-only), this option isn't available to you.
2. Personal injury lawyer: basically, the sort that advertise on TV and the side of the road. It's almost guaranteed the lawyer will take your case on contingency, and hence, will be paid a percentage (usually 30-35%) of the case proceeds. Because they are paid from the claim, they have an interest in making it as large as possible. They will generally handle the vast majority of logistics of the case in order to maximize their payment. However, they will take a cut of your settlement.
3. The other party's insurance: you can directly file a claim with the other party's insurance. Some insurance companies offer minor incentives to do this, as it makes their job easier/cheaper. For instance, you may have quicker service, or an "all in one" repair/rental/estimate site that reduces your travel time. On the flip side, they are highly interested in paying as little as possible, given you are not their customer and you are entirely a cost to them.

There are two specific cases where going to a lawyer may not be possible/worth your time:

• If your case value is too low, a lawyer may refuse to take the case. This is usually the case in minor automotive collisions; they simply don't make enough money to make it worth their while. Of course, that's their decision; feel free to go to them to ask!
• In the very specific case of a large value case (significant injury) where the other party has only minimal liability coverage ($10K-$25K in some states) and you don't have underinsured coverage, you may find that a lawyer actually costs you money. If your case clearly will hit the liability limit of the policy, your lawyer isn't really going to be able to change that. Pursuing money from people with minimal assets (usually correlated with minimum liability policies) is very difficult. You'll basically get the same offer from the insurance company with or without a lawyer, but with a lawyer, the lawyer will take a fee from it. One trick that was suggested to me by two lawyers to determine if hiring them was worth it was to go to the other party's insurance company and say that you will sign a settlement agreement right now, if it's for the full value of the other party's minimum liability insurance policy, and they verify the other party only has minimum liability. I did this in a case where that was possible, and the other party's insurance party (politely) declined. I then went to a lawyer, as a larger settlement was possible (even though a lawyer ended up taking part of it).

posted by saeculorum at 3:48 PM on July 1, 2021 [1 favorite]

Assuming your last post was accurate, just tell them that. You were stopping at a red light and their client did not.

They’re calling because they’re trying to figure out how much they’re going to have to pay. Thus, what not to say is anything that could lower your payment. Do not admit any fault - you were observing all laws and best practices. Do not estimate damage - day you’ll get a few quotes and submit them. Do not mention injuries - say you’re still consulting with your doctor. Get their contact information so the body shops and doctors can bill them. You can also ask them not to contact you directly anymore, to go through your insurance, but they might not honor that request.
posted by kevinbelt at 4:44 PM on July 1, 2021 [2 favorites]

Certainly not a lawyer here but I will echo that it would be unwise to offer any account or information whatsoever directly to the other insurance company, which is adversarial to your interests in this situation, except a polite referral to your insurance company (which may have the effect of getting them to stop calling you). Any information, whenever you get it, will go through your company or PI lawyer and they will handle everything. It's what you pay them for.

Hope things go ok for you!
posted by BlackLeotardFront at 5:16 PM on July 1, 2021

The only answer you need to give is "please talk to my insurance adjuster (name) at company (your insurer)".
posted by kschang at 6:06 PM on July 1, 2021 [3 favorites]