After an accident, you likely have to face the other person or people involved. What you say to them might later be twisted and used against you as an admission of liability. Similarly, you must be careful how you communicate with insurance companies, as they are looking for any excuse to deny your claim. A seemingly innocuous statement might suddenly become a damning admission.
At the scene of the car accident, when you are face-to-face with the other drivers involved, you should avoid making any apologies. People often do this out of politeness, not because they actually have anything to apologize for. The other parties might see it differently. In fact, you should avoid talking about the crash with anyone until the police arrive. You should also be careful when speaking with representatives from insurance companies. When dealing with insurance, have a lawyer do the talking for you. You should also avoid talking about the accident in any way without your lawyer’s approval. If you think you might have said something that could be turned around on you, tell your lawyer right away.
How to Avoid Admitting Liability at the Scene of the Accident
Immediately after an accident, you might have to confront the other person or people involved. People should generally try to check on each other to see if anyone needs emergency medical attention. On top of that, you need to exchange information for insurance purposes. During this time, it can be tempting to make apologies. You might say sorry simply to avoid sounding rude, even if you did nothing to cause the accident. However, apologies are sometimes misconstrued as admissions of liability. The other driver might say something like, “If they did nothing wrong, why would they apologize?”
It might be a good idea to avoid talking about the accident with the other driver. Only give statements to the authorities and your Atlanta car accident lawyer. If other drivers want to discuss how the accident happened, politely tell them you would rather talk to the authorities first.
This can be difficult when the other driver or drivers are angry or upset. They might blame you for the accident, and you might feel compelled to say something. If accused of causing the crash, you may say something denying liability but avoid saying anything further. If the other driver is especially angry, remain calm and wait for the police to arrive.
Avoiding Admission of Liability to Insurance Companies
After the accident scene has been cleared away and all injured drivers and passengers have received medical care for their injuries, you need to deal with insurance companies. The very first step you should take to avoid making yourself seem liable to an insurance company is to get a lawyer before you file a claim. Your lawyer can help you prepare your claim and evidence in a way that avoids unnecessary incrimination.
You can also review the insurance policy with your lawyer so you know what you are up against. Knowing what you need to prove to get your damages covered might help you understand what you should and should not disclose to the insurance company.
If the insurance company has questions, do not answer them before talking to your lawyer. Insurance adjusters often ask questions when they review a claim and investigate an accident. They often look for any reason to deny the claim and save money. Something you say about the accident – perhaps you mention you feel bad about how it happened – might be enough for the insurance company to deny you. They might twist your words and say you would not feel bad if you were not liable.
How to Stop From Admitting Liability While Legal Action is Pending
If legal action is pending, whether it is an insurance claim or a lawsuit, you should avoid commenting on the case or claim in any way. Nowadays, social media is a big issue for car accident claims. People might post about the accident on social media, thinking only their close friends will see it. Insurance adjusters often check the social media profiles of claimants to find anything they can use to establish liability. In short, do not post on social media.
Avoid talking about the accident with anyone other than your lawyer. You never know how what you say might get back to the wrong people, especially in small towns where details about a car accident might get around fast.
Make your attorney your primary point of contact for the other driver and any insurance companies. Do not communicate with either party directly. You should avoid talking to anyone unless your attorney is present.
What to Do if You Accidentally Say Something Used to Make You Look Liable After an Accident
Tell your lawyer immediately if you think you might have slipped up and said something you should not have. They can advise you on whether your words are harmless or if they pose a problem to your claim.
You should also gather as much evidence as possible of the other driver’s liability. What you might have said might mean very little compared to the overwhelming evidence against the other driver.
Finally, prepare an explanation for the things you might have said. Many incriminating statements are taken out of context. With further explanations, these statements might lose their incriminating nature. Talk about what you said with your lawyer, and they can help you clearly and succinctly explain what you really meant.