Should I Speak with the Other Driver's Insurance Company After a Car Accident in Massachusetts?

The short answer? No.

We understand that after a car accident in Massachusetts, you're likely stressed, possibly injured, and just want to get everything resolved quickly. When the other driver's insurance company calls – and they will call – it’s natural to want to cooperate and talk. After all, they sound friendly, compassionate, and helpful, right? Here's what you need to know to protect yourself.

Why is the Other Driver's Insurance Company Calling Me?

After a car accident, the other driver's insurance company will typically reach out to you fairly quickly. Their adjuster may seem sympathetic and genuinely concerned about your well-being. They'll often ask for many details as well as a recorded statement from you about how the accident happened, your injuries, and other details.

While they may sound like they're on your side, remember: they work for the other driver and their insurance company, not you. Their job is to protect their company's bottom line and minimize what they pay out on claims.

What's Wrong With Giving a Recorded Statement?

Insurance adjusters are highly trained professionals in Massachusetts who know exactly how to ask questions that can hurt your claim later. Even innocent comments can be twisted or taken out of context. They may try to get you to admit partial or full fault for the accident, downplay your injuries or pain, seek information about prior or preexisting injuries, provide inconsistent information they can use to question your credibility, or make statements before you fully understand the extent of your injuries.

The consequences can be serious. Your bodily injury claim could be denied entirely if they argue you were at fault, or your settlement could be significantly reduced based on "comparative negligence." In Massachusetts, even being found partially at fault can reduce your recovery by that percentage. Statements made before injuries fully develop may also limit your compensation later.

What Should I Do When the Other Insurance Company Contacts Me?

It's simple: politely decline to give a statement and contact an experienced Massachusetts personal injury attorney first. You can say something like: "I'm not comfortable giving a statement at this time. Please direct all communication to my attorney." You're not required to speak with the other driver's insurance company, and doing so without legal guidance can seriously jeopardize your rights.

Won't Refusing to Talk Make Me Look Guilty?

Not at all. Choosing to speak with an attorney in Massachusetts before giving a statement is your legal right and a smart decision. Insurance companies know this, and it won't negatively impact a legitimate claim. Our Framingham car accident lawyers at Mahaney & Pappas, LLP regularly take on cases where our clients refused to give a statement and it doesn’t negatively impact their case. What can hurt your claim is saying the wrong thing, even accidentally, when you're not prepared or don't fully understand your legal position.

When Should I Contact a Personal Injury Attorney?

The best time is before you give any statements to the other driver's insurance company. An experienced Massachusetts car accident attorney can handle all communications with insurance companies on your behalf, ensure you don't accidentally say anything that damages your claim, investigate the accident thoroughly to establish fault, document your injuries and calculate fair compensation, and protect your rights throughout the entire process. Most personal injury attorneys offer free consultations, so there's no risk in getting professional advice about your situation.

The Bottom Line

After being hurt in a car accident in Massachusetts, the other driver's insurance company is not your friend – they’re looking out for their own interests. Before you give any recorded statements or discuss the details of your accident, speak with an experienced personal injury attorney who will protect your rights and fight for the compensation you deserve. Your focus should be on recovering from your injuries, not navigating tricky conversations with trained insurance adjusters.