When you’re in an accident you’ll probably have discussions with your insurance company and the other driver’s insurance company. In talking to your own insurance company it’s important to realize that they have a fiduciary duty to make sure that they are operating in your interests, and they may have coverage needs such as medical coverage that they need to address.
There are usually provisions in your contract that provide that you’ll cooperate with your own insurance company. They may require some medical release forms from you so that they can access your medical records and make sure that the bills are being paid if there is medical payment coverage that they’re responsible for. Your insurance company has a duty to investigate the accident and they may take statements from the other party as to how the accident occurred.
When the time comes to be in contact with the other driver’s insurance company, that’s when advice from a personal injury attorney might come in handy: that insurance company is only representing the interests of the other driver. That insurance company will want the details of the accident as well. Even though talking to the other insurance company may seem intimidating, and the last thing you want to do after being injured in an accident, it’s important to understand that in pursuing any claim for compensation it’s vital to gather all the facts and document all the losses.
Anybody who has been injured in an accident should expect that they will have to disclose to the other driver’s insurance company their medical records pertaining to the injury and probably medical records that would pertain similar injuries that they have suffered in the past. This is so they can differentiate between what has been caused by the accident, what has been aggravated by an accident, and what is not related to the accident.