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Should I cooperate with the other party's insurance?

Miami, FL |

Me and my partner got involved in a car accident where the other car was trying to drive us off the road. When we couldn't go any further (if we would we'd drive into a brick wall) we tried to stay on the road and the other car hit us. He was on our lane and we were trying to avoid hitting the car by moving to the emergency lane. We're not insured and because our vehicle had a steel tray we have little damage. Now the other party's insurance send us a form to fill out with information about the accident and to describe what happened. Should we cooperate and tell them what happened, or will they try to use this against us and should we just avoid it?

Attorney Answers 4


Never speak with anyone from the insurance company without representation from a lawyer....period.

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Keep in mind that insurance adjusters frequently record their phone conversations.

I completely agree with Mr. Lassen's comment. Get a lawyer before you fill out any forms and before you speak to any insurance adjuster.

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I suggest you contact you contact a local civil defense attorney, possibly one that handles insurance issues. You do not have to comply with the request to provide information about the incident. The insurance company will definitely use any harmful information agianst you in some way. If you do not have a lot of money, you may want to inform the involved insurance company that you do not have good assets. That might dissuade them from going after the driver of your car. But, there is no way to know for sure. You should contact an attorney to learn more about the potential exposure you may face.

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You are not under any obligation to provide the adverse carrier with a statement. The way you have described this incident, it appears that this may have been a deliberate act by the insured car. That will void their insurance coverage if the damage to your car was intentional. There is only insurance for negligent acts, not deliberate acts.

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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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