Do I have to speak with insurance companies following a car accident?

When you are injured in a motor vehicle accident and deemed not at fault for the collision, a call will inevitably come from both your insurance company and the insurance company of the other driver. Many individuals phone our office wondering if they are obligated to speak to these insurance adjusters.

The insurance adjuster from your insurance will be phoning you to set up an accident benefits claim. This is what is referred to as Section B insurance. This insurance adjuster has the duty to act in good faith and cannot take advantage of you. It is always best to cooperate with these adjusters because they are there to assist you in obtaining any treatment needs you may have. The Section B policy of insurance entitles you to four years of coverage or $50,000 for medical treatment (such as physiotherapy, osteopathy, massage therapy, medication, etc.) which ever comes first. It is important to speak to the adjuster so that they can work with you to assess your care needs and to ensure coverage is provided for the treatment and medication you require. Often the claims representative will want consent forms signed to obtain your personal documentation. Never sign anything from this adjuster before consulting with a lawyer.Make sure to document all communication with the insurance company. Most adjusters are willing to communicate by email.

As for the third party insurance company, they are not required to act in good faith and there is no obligation to speak to them. Remember, they represent the interests of the third party driver who hit you. However, if you are seeking compensation for your injuries, they are going to need to know what your losses are as a result of your injuries. They will want to know what your injuries are, any income you have lost as a result of the accident, any out of pocket expenses, etc. All of these losses need to be proven through documentation such as employment files and medical files. Not all information is necessarily relevant to a claim and some documentation may not seem relevant to a lay person but it may be legally relevant. It is always a good idea to consult with a lawyer before speaking to the third party insurance company so that you have an understanding of what information should and should not be disclosed.

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