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  • What to Do Before Talking to the Other Driver’s Insurance

     
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    Following a car accident, it is common for the other driver’s insurance company to contact you quickly, sometimes within hours. The adjuster may sound courteous and concerned, but the purpose of the call is not simply to check in. It is to gather information, often with the intent of limiting the

    company’s financial liability. Knowing how to respond can help preserve your legal rights.Before speaking to the other driver’s insurance, take time to consider what is truly necessary to share. Initial conversations should be limited to the most basic facts: the time, date, and location of the

    2 | HelloDalton, Georgia • Winter Issue

  • What to Do Before Talking to the Other Driver’s Insurance

    Following a car accident, it is common for the other driver’s insurance company to contact you quickly, sometimes within hours. The adjuster may sound courteous and concerned, but the purpose of the call is not simply to check in. It is to gather information, often with the intent of limiting the company’s financial liability. Knowing how to respond can help preserve your legal rights.

    Before speaking to the other driver’s insurance, take time to consider what is truly necessary to share. Initial conversations should be limited to the most basic facts: the time, date, and location of the collision, and whether a police report was filed. Avoid discussing fault, offering theories, or describing your injuries in detail. Even casual remarks, such as saying you feel “okay” or “fine,” can later be used to challenge your credibility or minimize the impact of your injuries.

    One of the most important safeguards is to resist pressure to provide a recorded statement. Insurance representatives may imply that a recorded statement is routine or required, but in most cases, you are under no legal obligation to comply without legal counsel. Agreeing to one without preparation can lead to misstatements or omissions, particularly if you are still recovering or do not have all the facts.

    It is also wise not to speculate. If asked a question and you do not know the answer, say so plainly. Guesses or assumptions, even well-intentioned ones, can lead to inconsistencies that weaken your position if the case proceeds to a claim or lawsuit.

    The most reliable way to protect yourself is to consult with someone experienced in handling injury claims before responding in detail. An attorney can advise you on what to say, what to avoid, and how to engage with insurers in a way that preserves your interests. In many instances, legal representation can also take over direct communication, shielding you from unnecessary risk.

    In the hours and days after an accident, a thoughtful approach to communication can make a substantial difference in how your case unfolds.

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    Seth Holliday
     

    collision, and whether a police report was filed. Avoid discussing fault, offering theories, or describing your injuries in detail. Even casual remarks, such as saying you feel “okay” or “fine,” can later be used to challenge your credibility or minimize the impact of your injuries.One of the most important

    safeguards is to resist pressure to provide a recorded statement. Insurance representatives may imply that a recorded statement is routine or required, but in most cases, you are under no legal obligation to comply without legal counsel. Agreeing to one without preparation can lead to misstatements or omissions, particularly if you are still recovering or do not have all the facts.It is also wise not to speculate. If asked a question and you do not know the answer, say so plainly. Guesses or assumptions, even well-intentioned ones, can lead to inconsistencies that weaken your position if the case proceeds to a claim or lawsuit....

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    Before speaking to the other driver’s insurance, take time to consider what is truly necessary to share.

    About the Author

    Seth Holliday is a partner at McMahan Law Firm, specializing in litigating disability, health, and life insurance claims and representing the seriously injured in personal injury cases. With a dedication to advocacy and extensive experience, Mr. Holliday has an exceptional track record of obtaining favorable results for his clients against major insurance companies and has received numerous accolades for his legal expertise and pro bono work.

    HelloDalton, Georgia • Winter Issue | 3