The Other Driver’s Car Accident Attorney Is Calling Me: Do I Have to Answer Questions?
After a car accident, it’s not unusual for the other driver’s attorney to contact you. They may ask for your version of events leading to the accident or how you currently feel. These questions often seem straightforward but are intended to extract information that can later be used against you. This brings us to a question we commonly hear: is a person obligated to speak with the other driver’s car accident attorney? Read further to learn the answer.
The Other Driver’s Car Accident Attorney Is Calling Me: Do I Have to Answer Questions?
Your obligation to speak with the opposing side’s attorney depends on a few different factors. First, it’s important to know if that attorney represents the other driver’s insurance company and if the two of you carry coverage from the same provider. We say this because you do need to speak to your insurance carrier, which we’ll discuss in greater detail momentarily.
You may similarly need to speak to the other driver’s attorney if you are deposed. A deposition is a legal proceeding that takes place outside of court in the presence of lawyers and a court reporter. The purpose is to clarify facts surrounding the accident, and all deposed witnesses must testify under oath.
Exercise Caution
Whether you’re speaking to the other side’s attorney or insurance company, we urge you to use extreme caution. These professionals know you’re vulnerable in the days immediately following an accident, and their goal is to minimize or erase the value of your claim.
They do this in a variety of ways, including asking how you are. This question sounds perfectly innocent, but the attorney hopes you respond with “fine” or a similarly lukewarm word that suggests you sustained only minor injuries. The opposing side’s car accident attorney may try to catch you off-guard in other ways as well, including by:
- Asking for a recorded statement in which you may inadvertently contradict your initial statement
- Requesting that you sign a medical release granting access to all of your health records
- Stating you do not need an attorney
Avoid Discussing Injuries and Fault
If a member of the opposing legal team phones and catches you by surprise, you can politely decline to answer questions until you first connect with your own attorney. In most cases, a reputable attorney will honor this request.
If you do start to answer questions, steer clear of discussions concerning fault. Determining the responsible party after an accident is difficult and needs to be handled by professionals qualified to sort through the evidence. Examples of statements you should avoid include:
- I couldn’t really see what was in front of/behind me
- I was talking on my phone when the accident happened
- I am probably responsible for a portion of the accident
Provide Only Limited Information
Similarly, you should avoid making casual statements about your current mental, emotional, or physical health. We touched on this a moment ago, but we need to repeat that nuggets of information suggesting you feel fine can destroy your rights to compensation. Your best bet is to defer any information requests to your lawyer.
Always Speak First to Your Attorney
Speaking to your own attorney first serves a two-fold purpose. Car accident lawyers in Bryan, Texas can determine if and when you need to answer questions from the other side’s counsel. An attorney can also help you prepare for any statements you do make, from an on-the-record announcement to a deposition.
During the preparation phase, your lawyer will review appropriate responses to questions you may be asked. It’s crucial you preserve the integrity of your case by always telling the truth. You must similarly give only information that pertains to a specific question. Your attorney will choose the most important details of your case and, likewise, the facts you can omit.
An Advocate by Your Side
Although an attorney can help you puzzle through how to answer questions, they will likely handle most discussions with the opposing counsel on your behalf. This means an attorney can prevent unwanted and potentially harmful discourse between you and the other side’s attorney. They will also protect your best interests and advocate for your rights.
Don’t Ignore Your Insurance Provider
You may be able to sidestep speaking to the opposing counsel, but you are obligated to cooperate with your insurance provider after an auto accident. Failing to meet this obligation can put you in breach of your policy’s contractual obligations. The insurance company may then have the right to cancel your coverage or decline to defend you if the other driver claims you caused the accident.
The moments after a car accident can feel hectic and harrowing. While your health should be your foremost priority, it’s also important you connect with a qualified attorney. They will help you navigate the legal landscape and prepare you for questions from the other driver’s attorney. In most cases, however, your attorney will handle legal communications on your behalf so you can focus on recovering.
