You’re hurt, your vehicle is damaged, and your phone is already ringing. One voice might be your own insurer. Another might belong to the other driver’s insurance company. Both will sound helpful. But who should you talk to first?
For more than 50 years, Hupy and Abraham, S.C. has helped injured people in Milwaukee and throughout the Midwest protect their rights and recover what they deserve after a crash. When it comes to contacting insurance companies, one early misstep can affect your entire case. Here’s what to do—and what to avoid—after a Milwaukee car accident.
Contact Your Own Insurance Company First—Even If You Weren’t At Fault
Most drivers assume that if they didn’t cause the crash, they don’t need to call their own insurance company. But in Wisconsin, that assumption can cost you.
Reporting Protects Your Access to Coverage
Even when the other driver is clearly to blame, your own insurance may provide benefits such as:
- Medical payments coverage. This no-fault benefit can cover doctor visits, prescriptions, and other immediate medical costs.
- Collision coverage. If you carry this optional protection, your own policy can help with repairs—without waiting for the other driver’s insurer.
- Uninsured or underinsured motorist benefits. If the other driver lacks sufficient insurance, your own policy may help—but only if you reported the crash promptly.
Most insurance contracts require you to report any accident “promptly” or “within a reasonable time.” Delaying this step could give your insurer a reason to deny coverage.
Be Cautious When Talking to Insurance—Even Your Own
You should absolutely report the crash to your insurer, but don’t treat the call like a casual conversation. Insurance adjusters are trained to look for inconsistencies, admissions, or anything that might lower the company’s payout.
Here’s what to say and what to avoid:
- Stick to the facts. Share the date, time, location, and vehicles involved. Avoid speculation or opinions.
- Don’t admit fault. Even if you think you “could’ve reacted faster,” don’t say it. Let the investigation determine what happened.
- Avoid downplaying injuries. Say you’re seeking medical care, even if symptoms seem minor. Pain often worsens in the days after a crash.
The same advice applies if you’re filing a claim under your own coverage. Be accurate, not emotional—and understand that your own insurer’s interests may not fully align with yours once money is on the line.
Why You Shouldn’t Speak to the Other Driver’s Insurance Company Right Away
Soon after the crash, you may get a call from the other driver’s insurance adjuster. They may sound friendly or concerned. But their goal isn’t to help you—it’s to protect their bottom line.
The Risks of Talking to the Other Driver’s Insurer
Keep in mind the following when speaking to the other driver’s insurance adjuster:
- Recorded statements can be used against you. Even casual comments can be twisted into admissions of fault or inconsistent testimony.
- You may be offered a quick but unfair settlement. Early offers often come before you know the full extent of your injuries or losses.
- They may ask misleading questions. Adjusters are trained to elicit answers that cast doubt on your claim or shift blame.
You are not legally required to speak with the other driver’s insurance company. You can—and often should—refer them to your attorney or your own insurer instead.
What Happens If You Need to File a Claim With the Other Driver’s Insurance?
In many cases, the at-fault driver’s insurance company is the one that ultimately pays for your losses. This is called a third-party claim. But that doesn’t mean you should speak to them directly without guidance.
Let professionals handle communication for you. Your insurance company may coordinate with the other driver’s insurer on your behalf, and your attorney can manage all communication to ensure nothing is said that jeopardizes your claim.
You can request written communication only. This limits the chance of verbal misstatements or manipulation.
It’s possible—and common—for a third-party claim to proceed without you ever having to speak directly with the other insurance company. That’s a good thing.
Insurance Tactics You Should Be Prepared For
Insurance companies—especially those representing the other driver—are not neutral. Their job is to minimize the amount they pay, and they have many tools to do it. Here are some common tactics that may undermine your claim:
- Calling immediately to catch you off guard. They may hope you’ll say something before you’ve spoken to a lawyer or seen a doctor.
- Asking for broad medical authorizations. They might use this to search your history for unrelated injuries.
- Claiming you were partially at fault. Even a small percentage of blame can reduce your compensation under comparative fault laws.
- Implying a low settlement is all you can get. This is rarely true—especially without legal representation.
Knowing these tactics can help you spot them—and avoid falling into the trap.
Early Mistakes Can Cost You Later
Many injury victims delay calling their own insurer or speak to the other side’s company before understanding their rights. Unfortunately, these missteps often show up weeks or months later when a claim is denied, delayed, or underpaid.
The choices you make in the first 24 to 48 hours after a crash can have long-term consequences. But with the right guidance from a Wisconsin car accident attorney, you can work to protect yourself and your claim from the start.
