Following a car accident, the moments that follow are often defined by adrenaline and confusion. Even in relatively minor accidents, the sheer volume of tasks (checking for injuries, moving vehicles, and exchanging information) can feel overwhelming. Once the initial shock wears off, a critical question emerges: whose insurance to call after an accident?
Determining which company to contact, and more importantly, what information to disclose, can significantly impact your ability to recover compensation. Whether you are dealing with property damage or physical injuries, your words have legal weight. This article explains the protocol for notifying your own insurance provider, whether you should contact the other person’s insurance, and why you must be extremely cautious before providing any statements.
Determining whose insurance to call after an accident
As a general rule, your first phone call should almost always be to your own insurance company. Most insurance policies include a “notice of accident” or “cooperation” clause. This requires you to report any collision promptly, regardless of who was at fault. Failing to notify your insurer within a reasonable timeframe (usually a few days) could give them a reason to deny coverage later.
Why Kentucky’s “no-fault” status matters
The reason you call your own insurer first in Kentucky is rooted in our state’s “no-fault” system. Unlike “at-fault” states where the person who caused the crash pays for everything immediately, Kentucky requires your own insurance to pay for your initial medical bills and lost wages through Personal Injury Protection (PIP).
While there are rare exceptions (such as hitting a parked car with no one inside or incidents involving only very minor property damage) it is almost always safer to notify your insurer to protect your right to PIP benefits.
Do I contact the other person’s insurance?
This is where many drivers face their first major hurdle. You may wonder, “should I talk to the other person’s insurance company if they were clearly the ones who caused the crash?” While you may eventually need to coordinate with them for a vehicle inspection, you are under no legal obligation to engage in an in-depth conversation or provide a “recorded version” of the events immediately following the crash.
Should I file a claim with the other person’s insurance?
While your own PIP coverage handles your initial medical needs, you will likely need to file a claim with the other person’s insurance to address property damage and long-term “bodily injury” claims.
Pros and cons of filing with the at-fault carrier
- The pros: Filing with the other person’s insurance means you won’t have to pay your own deductible for car repairs. It also puts them on notice that you intend to seek compensation for injuries that exceed the $1,000 “tort threshold” in Kentucky.
- The cons: The other driver’s insurer does not work for you. Their goal is to protect their profits. If there is a dispute over who caused the accident, they may delay your repairs or deny your claim entirely.
Attorneys often recommend caution here. If you file a claim with the other person’s insurance without professional guidance, you are stepping into a negotiation with a professional adjuster whose job is to pay you as little as possible.
What to tell an insurance company after an accident
Whether you are speaking to your insurer or theirs, stick to the basic facts only:
- The date, time, and location of the accident.
- The brand and model of the vehicles involved.
- The contact information for any witnesses.
Avoid admitting fault or guessing. Even a simple “I’m sorry” at the scene or on the phone can be used as an admission of liability. Furthermore, do not speculate about your injuries. Adrenaline can mask pain; if you tell an adjuster “I feel fine” today, but your back begins to throb tomorrow, they will use your earlier statement to argue that your injury wasn’t caused by the crash. In the insurance world, speculation is a trap.
Will the other person’s insurance company contact me?
In most cases, will the other person’s insurance contact me is not a question of “if,” but “when.” Usually, within 24 to 48 hours, an adjuster will reach out. They often sound empathetic, appearing as though they want to “help speed things up.”
You have no legal obligation to give them a detailed interview. If they call, you can politely provide the basic facts mentioned above and inform them that you are still seeking medical evaluation or legal counsel. If you have already hired an attorney, you should simply provide your lawyer’s contact information and end the call. This is the safest way to ensure you don’t accidentally say something that jeopardizes your case.
When should you speak to a personal injury lawyer instead?
There are several “red flags” that indicate you should stop talking to insurance companies and start talking to a lawyer. If you have sustained injuries, if the other driver is denying they hit you, or if your claim has been denied, you need a professional to level the playing field.
Navigating insurance companies is a high-stakes game. Adjusters are trained to use pure comparative fault rules to reduce your settlement. If they can trick you into admitting even 10% of the fault, they can cut your check by 10%.
Attorney T.J. Smith has spent his career making sure insurance companies do not take advantage of Kentuckians. With over $230 million recovered for his clients, T.J. brings forward his renowned competitive drive to the courtroom.
If you’re wondering should you call your insurance or theirs, or if you’re feeling pressured by an adjuster, don’t go it alone. T.J. will make ‘em pay. Contact Attorney T.J. Smith for personalized legal advice following your accident.