If you have been injured in a car accident, chances are the other parties’ insurance companies will contact you and investigate. It would be in your best interests to avoid speaking directly with them; rather, seek legal representation.
Their primary aim is to find evidence against you demonstrating either fault or minor damages; everything you say against yourself will be used against you in court.
Know Your Rights
After being involved in a car accident can be stressful enough – between seeking medical care, repairing your vehicle and filling out paperwork. The last thing you want is for insurance companies to contact you about details of your crash. Remember, however, that speaking to the other driver’s insurer isn’t legally obligatory so politely decline any requests to discuss what occurred or give a recorded statement without first consulting your lawyer first.
An adjuster’s goal is to use what you say against you in order to pay out as little compensation as possible. They may attempt to get you to admit fault or that your injuries and damages are minor; to combat this tactic effectively it is best to politely ask that they contact your lawyer instead of answering their questions directly. If you are having trouble navigating the claims process after being involved in an auto accident, Butler Kahn attorneys can assist in protecting you from greedy insurers while making sure that you receive fair compensation. Get in touch today with us – our attorneys are here to make sure that this happens.
Be Polite
After being involved in an auto accident, one of the first things that often happens is receiving a phone call from an insurance company – usually not your own but instead that of another driver involved in the crash. Should this occur, remain polite and only answer their questions; if any other aspects arise that need discussing, inform them they can contact your attorney or offer their number for further conversation.
Keep in mind that insurance companies’ primary goal is to minimize payments on claims as much as possible, which means they will attempt to discredit you and find ways to void it. They may attempt to record phone conversations; in such instances it would be prudent to deny them without first consulting in writing whether any such statements should be recorded.
Insurance adjusters often ask a series of seemingly irrelevant questions that seem irrelevant to your accident and injuries, with the goal of seeing whether you admit any responsibility, or minimize injuries and damages as part of their ‘testing.’ To stay calm and avoid being misrepresented by them or having anything taken out of context in future court cases.
Do not be intimidated into silence about speaking up for yourself and asking that your rights are upheld. If an insurance adjuster becomes aggressive or disrespectful towards you, inform them that you have hired an attorney and that further contact will no longer occur between yourself and them – then hang up.
If you speak with an insurance adjuster, be sure to write down their name, phone number and insurance company. This information will come in handy should your case go to trial; that way you can show that they were not acting in your interests using their records as evidence. Likewise, hiring an experienced car accident lawyer who can negotiate on your behalf with insurance companies ensures you do not experience any abuse from them.
Don’t Talk About the Accident
If you are involved in a car accident, chances are good that the other driver’s insurance company will get involved. Though not legally required to speak with them directly, they will likely contact you as part of their effort to learn as much about what occurred as possible; this information could help them establish whether you were at fault or whether your injuries are less severe than claimed.
An adjuster’s goal is to pay out as little for your accident and injury claim as possible, listening carefully during phone conversations to find any evidence they can use to disprove your position or discredit claims made against them. They also ask questions in order to gather data for their own records. If pressured into speaking by an insurance adjuster directly or otherwise compelled by them directly it would be best if you spoke through legal counsel first or had them participate in creating written statements together.
As soon as a conversation begins with an insurance adjuster, it is wise to refrain from discussing details beyond basic date, time and location information of an accident. Furthermore, avoid talking about injuries sustained and property damages caused by yourself – insurance companies often twist your words in such conversations to make you appear at fault or that your injuries are not as severe.
Insurance companies will attempt to pressure you into accepting an early settlement offer or engaging in discussion immediately. It is important that you remain firm while remaining polite; do not fall for these pressure tactics!
If an insurance adjuster wants to discuss your injuries, they should request medical records from your physician and go through a process to have them released. You can then review them with your attorney and decide how best to use them in your defense. If asked to give a recorded or written statement immediately upon being asked for one by them, decline and explain that one written by your lawyer can be provided at a later time.
Keep Records
After being involved in an auto accident, it’s not unusual for the at-fault party’s insurance company to contact you in order to gather your version of events and assess liability. When this occurs, it’s crucial that your responses remain appropriate – particularly if making a recorded statement is involved.
Insurance companies are focused on what statements could be used against them or to reduce settlements, including anything that suggests your injuries and damages are less serious than claimed. They will also look out for any evidence suggesting such.
After being involved in an automobile accident, it’s crucial that you politely decline any requests by an insurance adjuster to give a recorded statement. Without your permission or agreement they cannot legally record you; should this happen anyway simply politely decline and inform them you will refer them directly to your attorney.
Your attorney can assess if providing a statement is in your best interests, and, if it is, can offer guidance as to what should or should not be said to the insurance company.
Your attorney is also there to assist with requests for your phone records from insurance companies that are investigating an accident in which they could potentially be at fault. In such instances, they usually only require them if it comes up during an investigation process. As part of their investigation, police may need to look through your phone records in order to assess whether driving distracted led to an accident. If another party files suit against you, however, a court could subpoena them as evidence in that suit. Insurance companies of the other party often allege fraud or assume fault when an accident happens, making it important for victims to consult an experienced attorney as soon as possible after an incident occurs; sooner than later you stand a better chance of protecting your rights and receiving maximum compensation.
