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COVER YOUR ASSETS
In depth report on what to expect from an insurance company if you are in a vehicle collision.
- October 15, 2005
- Staff
Note: Some investigation services specialize in accident cases. If you need services of this type look for accident reconstruction specialists and possibly surveillance services if someone is claiming injuries falsely.
Most drivers on the road nowadays have no idea what questions to ask or what to do when a collision occurs. This could be a costly mistake on your part if you are not fully prepared for what is to come.
Insurance companies usually have a set pattern when recording your statement of the particulars of your accident. Knowing beforehand what questions may be asked of you can better prepare your answers. While the insurance specialists are trained on what questions to ask and why, everyday drivers don't have a clue and are usually left in the dark, which could ultimately and severely damage your case - and your settlement.
The more information you have the better. It may save you a lot of money or turn the tide between being "at fault" or "not at fault" in an accident. The following link is an extremely comprehensive checklist you can print and use in case of an accident.
PDF-Accident Data Sheet.
ALL ABOUT RECORDED STATEMENTS:
A recorded statement is taken after an accident to gather the facts as to "your viewpoint". They are taken from all involved parties and also from any witnesses that may have seen the accident itself happen. Make sure to keep a sharp eye out after an accident for any witnesses that could verify your view of what happened.
The following "summary of questions", are normally asked by an interviewing agent. Notes are added for you to gain a better understanding of why these questions are asked.
The interviewer will normally start out by identifying themselves, their company, the date the interview is taken, who they are interviewing, and location and time of the accident.
The interviewer will also ask the following questions that are required by law.
ARE YOU AWARE THAT THIS IS BEING RECORDED?
AND DO I HAVE YOUR PERMISSION TO DO SO?
A recording can not be make without your permission. If you have retained council by this time for any reason now is the time you need to tell the interviewer. They can not retain a statement from you without your councils permission and should terminate the interview immediately. If you have not retained council, which is perfectly fine in most cases, the interview can continue.
The following questions (in bold) are designed to identify you for the recording. Make sure that you speak slowly and clearly and wait your turn. This will ensure that your statement will be understood to those listening and those who transcribe it. If a driver is under legal age a parent or guardian will be asked for permission for the interview to take place.
STATE YOUR NAME AND SPELLING YOUR LAST NAME?
*Spelling of names and information are critical. Spell all names and names of streets if possible.
VERIFY YOUR HOME ADDRESS AND PHONE NUMBER?
*This is necessary for verification and to contact you if there are any other questions.
YOUR HOME PHONE NUMBER WITH AREA CODE?
AN ALTERNATE NUMBER YOU CAN BE REACHED AT?
*Alternate numbers are often taken in case the agent needs to reach you.
VERIFY YOUR DRIVERS LICENSE NUMBER?
*Your state if issuance is also necessary.
AND YOUR SOCIAL SECURITY NUMBER? *Giving your social security number is acceptable. Insurance companies do not give out this information. It is another form of identification verification.
Passenger information is also taken if you were not alone in your vehicle.
WERE YOU INJURED IN THE ACCIDENT?
*If you were you will be asked to describe your injuries, if you were taken to a hospital, and what treatment was received.
DID YOU HAVE YOUR SEAT BELT ON?
*This is the law in some states. It will also give clues to any injuries sustained.
AND WERE THERE ANY PASSENGERS IN YOUR VEHICLE?
*Passengers statements are often taken also to gatherer more information about the accident.
AND THE NAMES?
AND AGES?
ANY OTHER PASSENGERS IN YOUR VEHICLE?
*If your passengers were injured you will also need to describe their injuries as above.
Vehicle Information - Your vehicle
THE YEAR, MAKE, AND MODEL OF YOUR VEHICLE?
THE COLOR?
LICENSE PLATE NUMBER?
DOES YOUR VEHICLE HAVE AIR BAGS?
DID THEY DEPLOY?
WHAT WAS THE POINT OF IMPACT ON YOUR VEHICLE?
ANY PRIOR DAMAGES ANYWHERE ON THE VEHICLE? *Insurance companies do not pay for prior damages. Only damages pertaining to this accident. If new damage is on top of existing damage the insurance company will mostly likely pay a percent of the damaged area.
AND IS THE VEHICLE WITH YOU NOW OR IN YOUR POSSESSION? *If the vehicle is not in your possession you will need to state the location. Make sure you have the street and phone information if your vehicle is at a repair, or tow shop. This information is used by an adjuster to physically go to the location and view the vehicle damage.
Vehicle Information - Other Vehicle and driver information.
WHAT IS THE YEAR, MAKE, AND MODEL OF THE OTHER VEHICLE INVOLVED?
*This verifies the other vehicle that was involved and prevents scams from switched cars
DO YOU HAVE THE LICENSE PLATE NUMBER?
*Also an identifier.
WHAT WAS THE POINT OF IMPACT ON THAT VEHICLE?
* This give the adjuster clues on how the accident took place along with other information.
WAS THAT VEHICLE DRIVABLE AFTER THE ACCIDENT?
*Denotes the extent of damage.
DID YOU NOTICE ANY PRIOR DAMAGE ANYWHERE ON THAT VEHICLE?
*Insurance companies do not pay for prior damages. Only damages pertaining to this accident. If new damage is on top of existing damage the insurance company will mostly likely pay a percent of the damaged area.
AND THAT DRIVERS NAME?
*Remember when taking initial information to verify all spelling.
THEIR HOME ADDRESS?
*Needed for contacting the other individual.
AND THE ZIP CODE?
HOW ABOUT A PHONE NUMBER?
*Remember to get all area codes for telephone numbers.
DID HE/SHE PROVIDE YOU WITH AN ALTERNATE NUMBER?
*Alternate numbers are good to get.
WHAT WAS THEIR DRIVERS LICENSE NUMBER?
*Make sure and take note of number, state, and use of any restrictions such as corrective lenses.
DID HE/SHE COMPLAIN OF ANY INJURY?
DO YOU KNOW IF HE/SHE OWNS THAT VEHICLE?
*If the party does not own the vehicle this information is necessary in verifying permission to use, insurance carrier and owner information.
DID HE/SHE HAVE HER SEAT BELT ON?
WERE THERE ANY PASSENGERS IN THAT VEHICLE?
*Passenger information will also include if they were wearing seat belts and positioning in the vehicle.
Accident Time and Location
AND WHAT WAS THE APPROXIMATE TIME OF THE ACCIDENT?
AND THE STREET LOCATION?
WHAT WERE THE WEATHER CONDITIONS AT THE TIME OF THE ACCIDENT?
*Weather Conditions play in important roll in accidents.
AND DID THE POLICE COME TO THE SCENE?
*In larger cities officers will NOT respond unless there are injuries or over $500 in damages to the vehicles. Officers will also not respond if the accident took place on private property such as a parking lot. They WILL respond however if you are having a challenger in obtaining insurance or personal information from a belligerent, intoxicated or violent driver.
WHICH DEPARTMENT RESPONDED?
DID THEY PROVIDE YOU WITH A CASE NUMBER?
DO YOU KNOW IF ANY CITATIONS OR TICKETS WERE ISSUED?
ANY WITNESSES TO THE ACCIDENT?
If at all possible look for witnesses. The most a witness will have to do is agree to a recorded statement over the phone or write a statement and send it in to your insurance carrier.
The following similar questions will be asked to determine direction, speed and in general give the interviewer an idea of what the scene looks like. Try to remember as much detail as you can.
WHICH STREET WERE YOU ON AT THE TIME?
DO YOU KNOW WHAT DIRECTION YOU WERE TRAVELING? NORTH, SOUTH, EAST OR WEST?
WAS IT A 4-WAY INTERSECTION, FREEWAY ON-RAMP, OR HIGHWAY?
IS THAT NORTH. SOUTH, EAST OR WESTBOUND?
WHICH LANE WERE YOU IN AT THE TIME?
*Remember the lane count. The fast lane is always the number one lane.
AND HOW MANY LANES TOTAL ARE THERE?
WHERE WAS THE OTHER VEHICLE?
WHAT DIRECTION WAS THAT VEHICLE TRAVELING?
DO YOU KNOW HOW MANY LANES OF TRAFFIC THERE ARE HEADED IN EACH DIRECTION?
ARE THERE ANY TRAFFIC CONTROLS?
*Traffic controls are stop signs, stop lights, freeway entrance counter lights, yield signs etc.
WHAT WAS TRAFFIC LIKE AT THE TIME OF THE ACCIDENT? HEAVY, MODERATE, OR LIGHT?
HOW ABOUT THE WEATHER CONDITIONS? WHAT WERE THEY LIKE AT THE TIME?
CAN YOU DESCRIBE WHAT HAPPENED?
DID YOU SEE THE VEHICLE BEFORE THE IMPACT?
WHERE DID YOUR VEHICLE COME TO REST AFTER THE ACCIDENT?
*This question can tell the adjuster speed and direction as well as the following question.
WHERE DID HIS/HER VEHICLE COME TO REST?
The following questions are usually asked to determine if you or the other party/s admitted to being at fault for the accident. It is highly advisable that you do not say "I'm sorry" or something to that effect because some would misconstrue that as being an admission of guilt. Cover yourself and just be polite and get the other drivers information. Don't offer any explanations.
WAS THERE ANY CONVERSATION BETWEEN YOU AND THE OTHER DRIVER AFTER THE ACCIDENT?
*If you do engage in conversation an admission of fault on your part can be detrimental.
DID YOU DISCUSS LIABILITY AT ALL? WHO WAS AT FAULT FOR THE ACCIDENT?
WAS THERE ANY DEBRIS LEFT IN THE ROADWAY?
*Positioning of debris can be important in establishing vehicle speed and angle of impact.
ANY FROM YOUR VEHICLE?
ANY FROM THEIR VEHICLE?
WERE THERE ANY SKID MARKS LEFT AT THE SCENE?
*Skid Marks can tell how fast a driver was traveling (even if he/she said they weren't going that fast).
AND TO YOUR KNOWLEDGE DO YOU KNOW IF ANYONE INVOLVED HAD CONSUMED ANY DRUGS OR ALCOHOL PRIOR TO THE ACCIDENT?
*This is the two-million-dollar question. Make sure you are not guilty of this one. Drive sober and responsibly.
IS THERE ANYTHING ELSE YOU WOULD LIKE TO ADD CONCERNING THE DETAILS OF WHAT HAPPENED?
*If you want to add anything you feel was forgotten or relevant, now is the time. Interviews can't and don't think of everything. So if something is important say so while you are on tape. Get in on the record!
WERE YOU ABLE TO TAKE ANY EVASIVE ACTION TO AVOID THE OTHER VEHICLE?
AND HAVE YOU UNDERSTOOD ALL THE QUESTIONS?
*If you have not understood all the questions please tell the adjuster now. This could come back to haunt you at a later date.
AND DID I HAVE YOUR FULL KNOWLEDGE AND CONSENT TO RECORD THE INTERVIEW?
*Asked again for verification that you understood that a recording was made.
THE TIME IS APPROXIMATELY?? P.M. *The time is given at the end of the interview to ensure that the tape was run without being turned off.
AND WITH YOUR PERMISSION I'LL TURN THE TAPE OFF.
Although I can not guarantee that these will be all the questions asked, it will be more or less along these lines. The more information that you retain at the scene of an accident the easier your recorded statement will be. Do not guess! Only give the information that you know. If you don't know an answer please say so. Guessing giving your opinion of what the other driver was thinking could get you in trouble.
Given all of this sometimes-overwhelming information needed we have included accident data sheets for your convenience to place in your vehicle in case of an accident. It may seem like a lot of information to get but nowadays with fewer and fewer officers reporting to the scene it is in your best interest to get all the information that you can.
We hope you have benefited from this article and wish you safe and happy driving.