After you’ve been in an auto accident, no matter who is at fault, you should contact your insurance company. Your insurance company will gather information from you about the accident for their records—and yes, it is likely that they will want to record the phone conversation.
It is also likely that they will first ask your permission to record and monitor the phone call for their records. Many insurance businesses ask as a company policy—explicitly letting the customer know their phone conversation is being recorded. Hopefully they always let you know if or when your conversation is being recorded. If not explicitly told so, assume the call may be monitored.
Many would suggest that if you or your passengers were injured in the accident, or if you believe the insurance company might try to claim you are not covered or you have any concerns about the adequacy of your coverage, you should contact an attorney before you give the insurance company permission to record your conversation.
Many also advise that you never give a statement to the other driver’s insurance company without consulting with an attorney first. If you do, you may very well regret it. If you are contacted, politely decline to talk. Insurance companies’ claims adjusters are professional negotiators, with extensive experience in using every psychological technique to maneuver you into giving information which can hurt your claim, including discouraging you from using the professional services of a lawyer.
However, it is not wise to delay the process of reporting accidents to your insurance company. Failure to provide information to your insurance company on a timely basis (your individual policy will set forth how quickly you must notify the company) could result in loss of coverage for the accident, without it constituting bad faith by the insurer.
This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.