Helpful Tips on Communicating With an At-Fault Drivers Insurance Company in Georgia

Key Points

• When speaking to the at-fault driver’s car insurance company, keep your answers concise and avoid unnecessary details about your accident or injuries.
• Providing too much information to an insurance representative risks jeopardizing your claim and reducing your compensation.
• The at-fault driver’s insurance company aims to minimize your compensation by looking for statements to use against you. Innocent remarks such as “I’m fine” (when you are not) or the incorrect guesses about the speeds or distances involved can hurt your claim.
• When you hire a car accident lawyer, they can speak to the insurance companies on your behalf.

Table of Contents

If you were recently in a car accident in Georgia, it’s important to understand that what you say—or don’t say—to the insurance companies can affect your compensation. This is especially true if the at-fault driver’s insurance company contacts you. Like most drivers, you may not have been informed about what you should or shouldn’t say in these conversations.

By educating yourself on how to communicate effectively—whether through a car accident attorney or this informative legal guide—you can strengthen your case and improve your chances of securing a successful settlement.

Communicating with Insurance Adjusters

Should You Speak with the At-Fault Party’s Insurance Company?

After an accident, you should expect a call from the other driver’s auto insurance company. Be cautious when speaking with them; their goal is to pay as little as possible. The more you talk, the greater the chance you might say something they can use against you during settlement.

Generally, we don’t recommend giving a statement to the other driver’s insurance company before consulting with a car accident attorney. If you seek a personal injury claim, limit your communication to factual descriptions of the accident, such as the sequence of events and the extent of damage to your vehicle. Avoid discussing any other details until you have legal representation.

Why You Should Be Cautious Communicating with the At-Fault Driver’s Insurance Company

Insurance companies are out to protect one thing: their bottom line. Their motivation is to ensure you get as small a payout as possible so that they can increase their profits. How do they accomplish this? Here are a few key tactics they will deploy to get your guard down:

• They act like it is just a casual task. By pretending to verify your statements from the scene of the accident, they hope to get you to speak out of turn or share a detail that admits a small degree of fault.
• They pretend that they are doing a gesture of goodwill. They put up a mask of friendliness and niceties to get you to say something that will harm your case. Approach with caution and consider hiring a car accident attorney to guide you through the process of claims with the at-fault driver’s insurance company.
• They claim it will get you a faster settlement. They may flash some numbers in front of you that promise a certain payout. This is usually an attempt to get you to settle for less!

These are just a few of the tactics the other driver’s insurance company may use to try to reduce the payout. Always approach speaking with the at-fault driver’s insurance company with caution.

What To Do When The Auto Insurance Company Calls?

It is common for the at-fault driver’s car insurer or another insurance company calls you following your accident. Their goal is often to get you to admit any amount of fault to lessen your payout, meaning what you say to them can significantly impact your claim. If they do call, here are some general tips to keep in mind:

• If the phone call is from YOUR insurance company, you may want to speak with the adjuster or claim's person, because your policy usually requires you to cooperate with your own company.
• If another driver's insurance company calls, you are legally free to choose whether to talk to them. You don’t have to speak to the other driver’s insurance representatives. Let the calls go to voicemail, and you aren’t required to return them.
• Avoid giving a written or recorded statement to the at-fault driver's adjuster. The insurance company will likely ask for a written or recorded statement, which can be used against you. They are hoping you will say something that might jeopardize your claim.
• Document all calls from the insurance company. Note the time, the representative’s name, and a summary of the conversation, including questions asked and your responses.
• Refer them to your attorney. Your lawyer’s job is to protect your interests, and dealing with the insurance company is part of that. This can also help your claim, as insurance companies are more likely to offer a reasonable settlement when they know you have legal representation.
• Be cautious if you and the at-fault driver share the same insurance company. Just because you are insured by the same company does not mean the insurance company will be more friendly to your claim.

By following these tips, you can better protect your rights and maximize your compensation after a car accident.

What to Say to Insurance Companies

After a Car Accident What Should You Say to the At-Fault Driver’s Insurance Company?

• Only share the basics. You should only give minimal information to the at-fault driver’s insurance company. Focus on providing simple facts about the accident such as the date and time, vehicles involved, and location.
• Limit your answers to 'yes' or 'no' if possible. Providing only the bare minimum needed to answer the question reduces the chance of jeopardizing your claim.
• If pressed for more information, redirect them rather than answering. They may act like they need the information as soon as possible, but pressure is to their advantage and potentially, your loss. Redirect them to your lawyer or insurance company.

What Shouldn’t You Say to the At-Fault Driver’s Insurance Company?

• Avoid admitting any mistakes or fault. Always maintain a stance of confidence and avoid acknowledging any mistakes. Georgia law bars recovery for anyone who is 50% or more at fault, so the insurance company will try to shift blame to avoid paying out.
• Limit sharing details about your injuries. Don’t overplay them, as there won’t be corresponding paperwork to support your claims. Insurance representatives will look for information to downplay the severity of your injuries. This includes requesting access to your entire medical history, which you should never share outright.
• Don’t agree to a settlement too quickly. If you rush a settlement without understanding the full extent of your damages, such as medical expenses, car repair costs, or lost wages, you may not receive adequate compensation.
• Avoid oversharing. Don’t discuss irrelevant details like your family situation, job, or any accidents you have been in previously.
• Don’t speculate. If you aren’t confident about a specific detail of the car accident, don’t present your opinions or guesses. These can ultimately harm your case in the long run.
• Don’t offer names and contact information. Although it might seem like a good idea to share the contact information and names of witnesses, doing so might have an adverse effect. Insurance companies will often reach out to these witnesses and can use whatever they share against your case. Although not everything shared will negatively impact your case, it’s best to be cautious.

When Should a Lawyer Speak to the Adjuster?

When is it Ideal to Have a Car Accident Lawyer Talk with the Insurance Company?

While auto insurance companies are responsible for compensating those injured in accidents, it’s important to remember that their primary goal is to protect their bottom line. Unfortunately, the easiest way for them to save money is by reducing the compensation paid to injured drivers.

Anything that a lawyer says on your behalf is "not evidence" that can be used against you in your case. This means that if you are worried about saying the wrong thing to an adjuster, having a lawyer communicate about how the accidents happened and what your injuries are an be a real advantage. Experienced car accident lawyers know how to explain your case in the light most favorable to you.

What Should You Do if You’ve Already Spoken to the At-Fault Driver’s Insurer but Want Legal Help?

It is perfectly understandable that you want to seek out help from a lawyer even after speaking to the at-fault driver’s insurance company. Often, these initial conversations can feel overwhelming and lead you to seek out advice and legal representation.

You need to share key details with your lawyer to ensure you get the biggest possible payout:

• Whether you admitted fault in any way, including details about medications, alcohol use, or your mood at the time of the accident.
• If you discussed your injuries, medical care you received, treatment plans, or past medical history.
• What settlement offers were shared with you.
• Any potential conflicting statements you provided to the police and the at-fault driver’s insurer.

FAQ For Dealing with Insurance Adjusters

Can a car accident lawyer take over the communication with insurance companies after an accident?

When you’re trying to recover from a car accident, dealing with insurance companies can be exhausting. Part of a car accident attorneys job is to take the weight of negotiating with the insurance companies off your shoulders and deal with them on your behalf.

Should I take calls from the other insurance company’s adjuster?

When someone is involved in an auto accident and suffers serious injuries, they may start receiving calls from the other driver’s insurance adjuster within days or even hours. These adjusters are responsible for assessing your damages to create a settlement offer. Remember, they work for the insurance company and are not on your side. You are not obligated to speak with them if you feel uncomfortable. If you have a personal injury lawyer, let your attorney handle all calls from insurance adjusters.

If I’m confident I’m not at fault, should I open up to the other driver’s insurance company?

Determining fault in a car accident is often clear-cut. Even though it’s tempting to reaffirm to the insurance company that the other driver was at fault, it’s best to keep all discussions of who caused the accident to a minimum.

What can happen if I give an insurance company too much information about my car accident?

After a car accident, a larger settlement for you means less profit for the insurance company. Insurance representatives look for ways to reduce your compensation. The more information you provide about the accident and your injuries, the more they can use against you. Saying the wrong thing in a written or recorded statement can reduce or even eliminate your compensation.