Insurance Interaction Mistakes in Chicago Car Accident Cases

There are many mistakes a person can make following a car accident in Chicago. One of the most common insurance mistakes individuals make is in regards to their interactions with their company. They may potentially admit fault early on, give a recorded statement that can be misconstrued as fault admission. One of the worst mistakes: accepting a settlement early. An experienced Chicago car accident attorney can help you through the initial steps of dealing with a car accident by explaining the case and helping you avoid any important mistakes in a case, especially regarding your insurance.

Admitting Fault

When a driver admits fault to the other driver for causing the accident, certain evidentiary rules kick in. Hearsay is an out-of-court statement offered for the truth of the matter asserted. A statement by a driver as to what they did or that they were the cause of the accident is considered hearsay. However, it falls under the party admission exception.

When a party makes an admission against their own interest, it falls within an exception of the hearsay rules and could be admitted at trial against the party that made the admission. When a driver admits to causing the accident, admits their negligence, or making a mistake, that is a factor throughout the case. The other driver may testify about the statements at trial.

Sometimes, a person’s first assessment as to what happened and why the accident occurred is not always the accurate one. They may think they did not see the other car coming and then realize that they had a stop sign. There is no benefit or advantage to admitting causing the accident. It is always important, to tell the truth. However, there is no obligation to discuss the accident and its causes with the other driver. If someone admits to causing the accident, that is going to come into evidence at trial.

Recorded Statements

When the other insurance company believes their driver is at fault and there could be a serious injury, they contact the potential plaintiff and try to get a recorded statement from them as quickly as possible to lock them into a story and use that statement to trip them up later. The earlier the insurance company gets to the injured party, the less the person knows about their injuries and circumstances. The insurance company tries to get them to admit no injury or ready to go back to work. Giving a recorded statement is one of important insurance mistakes to avoid in a Chicago car accident case.

Some related injuries do not truly manifest themselves for a day or two, or sometimes even three days after the accident, so adverse insurance companies pursue these recorded statements as quickly as possible. They get the address and phone number from their own insured or the police report and swiftly contact the injured party. Someone injured in an auto accident should contact an attorney promptly after the accident. The attorney can immediately contact the adverse insurance company with a representation letter. They also direct all inquiries about the person’s injuries to the attorneys.

Sometimes, people try to appear to be cooperative so they take the calls and answer the questions because they do not want to be adversarial. Once an accident occurs, an adversarial situation occurs between the injured person and the person who caused the accident and their insurance company. The accident creates an adversarial situation. An attorney can help clients deal with that adversarial situation and protect their rights.

Cashing a Check

Cashing a check given to or by another company’s insurance company can be a manifestation of an acceptance of an agreement and would be common insurance mistakes to avoid in a Chicago car accident case.

Oftentimes, promises made over the telephone seem to never appear in writing. A check arrives, the accident victim cashes the check and does not realize that by cashing the check, it precludes them from recovery of anything further for their injuries, even if they find out later their injury is more serious than they initially thought.

Failing to Contact an Attorney Early

When someone is in an accident, they are contacted by the adverse insurance company. If they did not contact an attorney after the accident, they might make admissions they should not make. They could compromise the interest of their case and preclude opportunities to pursue certain claims and injuries. To be safe, a person should contact an attorney immediately, even from the accident scene.

An attorney can assist the injured person to avoid insurance mistakes in their Chicago car accident case early on. They can assist further by collecting all of the medical records and medical bills. They can communicate with the healthcare providers and manage that whole aspect of the case; so the client can focus on getting better, and get their life back on track. Having an attorney sooner rather than later helps keep that process going. Contact us today!