Receiving a phone call from the other driver’s insurance company after a car accident can feel overwhelming, especially when you are still recovering from your injuries. While these insurance representatives may sound friendly and helpful, their primary goal is to protect their company’s financial interests by minimizing payouts. The simple answer to what you should do is this: be cautious with what you say and avoid accepting any quick settlement offers.
When facing this situation, you need knowledgeable legal guidance to protect your rights and ensure you receive fair compensation. At Dominguez Law, we have helped New Mexico residents navigate these challenging conversations with insurance companies for over a decade, securing more than $30 million in settlements and verdicts with a 99% success rate.
Why the Other Driver’s Insurance Company Contacts You
Insurance companies move quickly after accidents, and there are several reasons why they may contact you within hours or days of the collision. Their main objective is to settle your claim for as little money as possible while gathering information to minimize their liability.
Insurance adjusters are trained professionals who know how to ask questions that may seem innocent but can actually hurt your case. They may ask about your injuries, how the accident happened, or whether you were following traffic laws. Anything you say during these conversations can be recorded and used against you later if your case goes to court.
Common Tactics Used by Insurance Companies
Insurance companies employ various strategies to reduce what they pay accident victims. One common approach is to offer a quick settlement before you fully understand the extent of your injuries or damages. These initial offers are almost always much lower than what your claim is actually worth.
Another tactic involves getting you to admit partial fault for the accident. Even if you were not at fault, insurance adjusters may ask leading questions designed to get you to say something that suggests you contributed to the crash. In New Mexico, being found even partially at fault can reduce your compensation under the state’s comparative negligence laws.
What You Should Never Say to Insurance Companies
When speaking with the other driver’s insurance company, certain statements can seriously damage your claim. Never admit fault or apologize for the accident, even if you are just trying to be polite. Avoid saying phrases like “I’m sorry” or “I didn’t see the other car,” as these can be interpreted as admissions of guilt.
Do not provide detailed statements about how the accident occurred without first consulting with a lawyer. Insurance adjusters are skilled at getting information from you during these conversations, and even small details can be twisted to work against you later. Similarly, avoid discussing your injuries in detail, especially if you say something like “I feel fine” when you may actually have injuries that have not yet manifested symptoms.
Never accept the first settlement offer or agree to sign any documents without having them reviewed by an attorney. Once you accept a settlement, you typically cannot seek additional compensation later, even if you discover more serious injuries or damages.
Steps to Take When Contacted
The most important step you can take when contacted by the other driver’s insurance company is to remain calm and professional. You are not legally required to speak with them immediately, and you have the right to tell them you need time to consider their request. Politely inform them that you will need to review any settlement offers with your attorney before making any decisions.
Keep detailed records of all communications with insurance companies, including the date, time, name of the representative, and what was discussed. If possible, get any offers or important information in writing rather than just over the phone.
Consider the following actions when dealing with insurance companies:
- Provide only basic information like your name and contact details
- Refer them to your attorney if you have legal representation
- Avoid giving recorded statements without legal counsel present
- Request written documentation of any settlement offers
- Never sign documents without legal review
Remember, insurance companies have teams of lawyers and adjusters working to protect their interests. Having your own legal advocate levels the playing field and ensures your rights are protected throughout the process.
The Importance of Legal Representation
Having an experienced personal injury attorney handle communications with insurance companies provides significant advantages for your case. Lawyers understand the tactics insurance companies use and know how to counter them effectively. They can review settlement offers to determine if they are fair based on your injuries, property damage, lost wages, and other factors.
An attorney can also conduct a thorough investigation of your accident to gather evidence that supports your claim. This may include obtaining police reports, witness statements, medical records, and accident scene photos. With this evidence, your lawyer can build a strong case that demonstrates the other driver’s fault and the full extent of your damages.
Legal representation also ensures all deadlines are met and proper procedures are followed throughout your claim. New Mexico has specific laws regarding personal injury claims, and having an attorney who understands these regulations can make the difference between a successful claim and one that gets denied or undervalued.
Contact Dominguez Law for Help with Your Car Accident Claim
If you have been contacted by another driver’s insurance company after a car accident, do not navigate this process alone. Our team has over a decade of experience handling personal injury cases throughout New Mexico and understands exactly how insurance companies operate. We have secured substantial settlements for clients involving catastrophic auto accidents, and we approach every case with the mindset that it will go to trial, ensuring thorough preparation and aggressive advocacy.
As a fifth-generation New Mexican, Paul M. Dominguez is deeply committed to fighting for the rights of individuals who have been wronged by corporate greed. Our firm offers free initial consultations because you deserve accessible, stress-free guidance on your case, and we take calls on weekends to accommodate your schedule. Do not let insurance companies take advantage of you during this difficult time. Call (505) 850-5854 or complete our contact form today to schedule your free consultation.
