Should I Ever Admit Fault to My Insurance Company After An Accident?

The short answer is no. Never admit fault to your insurance company even if you believe that the accident was entirely your fault.

However, always remember that lying to your insurance company constitutes fraud, a crime.

It is extremely important what you say and do after an accident.

Your actions and words could affect the extent of the cover paid out on your claim and your future premiums. So say as little as possible.

Let’s examine some of the legal aspects of fault and some tips on dealing with your insurance company.

Fault and No-Fault Accidents – Huh?

Fault States

The majority of states have a fault requirement for car accidents.

The person at fault for the crash is liable for the losses of the other driver, passengers, and anyone else harmed by the accident. Usually, the at-fault driver’s insurer is held liable.

You usually need to convince the other driver’s insurance company that its own insured was at fault for the car accident.

Proving fault can be a complicated process involving police reports, witness statements, photographs, and other forms of car accident evidence. In addition, the other driver’s insurance company may deny the claim, forcing you to file a lawsuit.

No-Fault States

In “no-fault states,” financial responsibility for injuries and other losses resulting from a car accident comes from the injured person’s own car insurance coverage.

Therefore, who caused the accident is considered irrelevant.

The claims process after an accident in a no-fault state is much simpler.

You simply lodge a claim against your own insurance company. There is no requirement to deal with or even allege fault.

On the flip side, your claim is not guaranteed, and there are limitations to what you can claim.

No-fault states are the following:

• Florida
• Hawaii
• Kansas
• Kentucky
• Massachusetts
• Michigan
• Minnesota
• New Jersey
• New York
• North Dakota
• Pennsylvania
• Utah

What is Fault and What Needs to Be Proved?

To establish fault, you need to prove the following:

• The law required the other person involved in the accident to be reasonably careful.
• The other person was not careful.
• The other person’s conduct caused your injuries.
• You suffered losses (like vehicle damage, injuries, and lost income).

Fault is determined on a case by case basis.

For example, whether a tire blowout is an at-fault accident depends on the facts of the case.

Tips When Dealing With Your Insurance Company

When dealing with your insurance company:

Never Admit Fault

Even if you believe you are entirely responsible, don’t come out and say it.

Your admission could result in your insurance picking up 100% of the claim.

You are not an expert on fault, yet your admission of fault can and will be used against you and your insurance company.

Let the insurance companies handle the issue of fault.

Don’t give your opinion

Your opinion is not entirely accurate, and it could hurt you more than help you.

If you are forced to make statements, always use the words “in my opinion.”

Never Leave The Scene

Wait for the police to come, even if you are at fault.

Your presence keeps people more honest.

Make Sure The Other Driver Gets The Ticket

If the other driver was clearly at fault, make sure the police issue a ticket.

The ticket indicates that fault was present in the policeman’s view, which will probably be enough to prevent a hike in your insurance premium.

To Sum Up

Never admit fault and guard your words at an accident scene and when dealing with all insurance representatives, including your own.

You can thank me later.