Mark A. Eisenberg | September 7, 2026 | Car Accidents
You don’t necessarily need a lawyer before talking to the other driver’s insurance company after a car accident in Madison, Wisconsin. However, speaking with an attorney first can help you avoid saying or doing something that could hurt your claim. The insurance company represents its own interests and those of its policyholder, not yours.
The other driver’s insurer may contact you to investigate the accident and determine whether its policyholder was responsible. An adjuster may ask how the crash happened, whether you were injured, what treatment you received, and other questions about your losses.
The insurer needs information to evaluate your claim. However, it may also look for evidence it can use to dispute liability, minimize your injuries, or reduce the amount it pays.
You generally do not have the same obligation to cooperate with the other driver’s insurer that you may have with your own insurance company.
You may need to provide certain information and documentation to pursue a claim, but you don’t have to immediately answer every question an adjuster asks. You can choose to speak with an attorney before discussing the accident or your injuries in detail.
Different obligations may apply when dealing with your own insurer under the terms of your policy.
You should be cautious about giving the other driver’s insurance company a recorded statement before speaking with an attorney. The insurer may compare your answers with police reports, medical records, witness statements, and other evidence.
Problems can arise if you:
Your statements could be used to challenge fault, the severity of your injuries, or the value of your claim. Under Wisconsin’s modified comparative negligence law, sharing liability for an accident can also reduce the compensation you are able to recover or bar recovery altogether.
If an adjuster contacts you after a crash, you can gather basic information without immediately discussing your claim in detail.
Consider taking the following steps:
Taking time to understand what the insurer is requesting can help you avoid providing information that could unnecessarily complicate your claim.
A lawyer can handle communications with the other driver’s insurer, provide appropriate documentation, investigate the crash, evaluate your damages, negotiate for a fair settlement, and respond to attempts to shift blame or minimize your injuries.
Eisenberg Personal Injury Lawyers has more than 140 years of combined experience and has recovered over $100 million for injured clients. We can deal directly with insurance companies and advocate for your best interests throughout the claims process.
Speaking with an adjuster does not automatically hurt your claim. If you’re concerned about something you said, however, consider discussing the conversation with an attorney before providing additional information.
Review any settlement offer carefully before accepting it. An early offer may not account for future medical care, lost income, or the full extent of your injuries. Once you settle your claim, you generally cannot seek additional compensation later.
Yes. If you hire an attorney, they can generally handle communications and negotiations with the other driver’s insurance company on your behalf.
You don’t have to deal with the other driver’s insurance company by yourself. If you were injured in a car accident in Madison, WI, Eisenberg Personal Injury Lawyers can handle communications with the insurer and help you pursue the compensation available under Wisconsin law. Contact our Madison car accident lawyers today for a free consultation.
We proudly serve Dane County, Jefferson County, Sauk County, Rock County, Columbia County, and their surrounding areas.
Eisenberg Personal Injury Lawyers – Madison
121 S. Pinckney St. Suite 400, Madison, WI 53703
(608) 256-8356
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