Understanding Auto Insurance Statements: Responding To Your Questions

Dealing with insurance companies can be stressful, especially after a car accident. It's important to be cautious about the information you provide and consider seeking legal advice. Insurance companies will often try to minimise the value of your claim and use your words against you. They may also attempt to get you to sign a medical release form or convince you that a lawyer is unnecessary. When answering their questions, it's crucial to be honest, stick to the facts, and avoid providing unnecessary information. You are not obligated to give a recorded statement or sign any forms without first seeking legal advice.

Be cautious and seek legal advice

When dealing with an insurance company after a car accident, it is important to exercise caution and seek legal advice to protect yourself and ensure you receive a fair settlement. Here are some reasons why:

Protect Your Rights

Insurance adjusters work for the insurance company and are trained to minimise the company's financial liability. They are not on your side, and their goal is to pay out as little as possible. By seeking legal advice, you can understand your rights and ensure they are protected. A lawyer can guide you on what to say and what not to say to avoid inadvertently hurting your claim.

Understand the Tactics Used by Insurance Companies

Insurance companies may use various tactics to try to devalue your claim. For example, they may ask for a recorded statement, which can be used against you if there are any inconsistencies with other evidence. They may also try to convince you that you don't need a lawyer, but this is not true. Personal injury victims who hire a lawyer often receive more compensation than those who don't.

Get Help with the Claims Process

The claims process can be complex and overwhelming, especially if you are still recovering from the accident. A lawyer can handle all communication with the insurance company, gather evidence, and negotiate on your behalf. They can also review the insurance company's offer and ensure it covers all your medical costs, lost wages, and other damages related to the accident.

Ensure You Don't Settle for Less

If you accept a quick settlement from the insurance company before understanding the full extent of your injuries and damages, you may end up with less compensation than you deserve. A lawyer can help you assess the value of your claim and push back against insurance company attempts to minimise your compensation. They can also advise you on whether to accept a settlement or take further legal action.

Avoid Inadvertently Hurting Your Claim

Anything you say to the insurance company can be used against you. By seeking legal advice, you can avoid saying something that might be used to pin the blame on you or downplay the severity of your injuries. A lawyer can help you prepare your statement, stick to the relevant facts, and ensure your account of the accident is clear and accurate.

Avoid commenting on your injuries

When dealing with an insurance company after a car accident, it is important to be cautious about the information you provide. The insurance company's goal is to minimise the value of your claim, and the adjuster will try to get information to use against you. Here are some tips to avoid commenting on your injuries:

• Inform the adjuster that you are receiving medical treatment, or that your attorney will provide updates as needed. It is important not to downplay your injuries, as this could result in the insurance carrier offering you less money.
• Do not provide a recorded statement about your injuries. A recorded statement may be used against you and may not accurately reflect the extent of your injuries, especially if given soon after the accident.
• Do not sign a medical release authorisation form. The insurance company could use this to access your entire medical history and deny your claim based on a pre-existing condition.
• Do not discuss your injuries in detail with the insurance company. They may try to use this information to deny or minimise your claim.
• Consult with a doctor to understand the full scope of your injuries before sharing any information.
• If you are unsure about what to say, refer the insurance company to your lawyer.

Only answer the questions asked

When answering questions from an insurance company, it's important to be cautious and provide only the information that is asked of you. Here are some tips to keep in mind:

• Do not volunteer information. Only answer the specific question that is asked, and avoid providing additional details. This is important because anything you say can be used against you to devalue or deny your claim.
• Be concise and brief in your responses. Try to answer each question with as few words as possible.
• Stick to the facts and avoid giving opinions or speculations.
• If you don't know the answer to a question, simply say "I don't know" or "I'm not sure". Don't try to guess or make assumptions.
• Be honest and truthful in your responses, but keep in mind that the insurance adjuster is not your friend. They are trained to minimise the value of your claim, so be cautious about what you say.
• Take notes during the conversation. Write down the adjuster's name, the questions they ask, and the information they provide. This will help you keep track of the discussion and protect your interests.
• Consult with a personal injury lawyer before speaking to the insurance company. A lawyer can advise you on how to best protect your rights and interests when answering their questions.

Remember, you are not legally required to speak to the other driver's insurance company. You have the right to refer them to your lawyer, and it may be in your best interest to do so.

Do not agree to have your statement recorded

When an insurance adjuster asks to record your statement, they may claim that it is to protect you, or that it will speed up the process. However, agreeing to this is not in your best interest.

Recorded statements are often used against claimants to deny or reduce their payment. The insurance adjuster may ask vague or tricky questions, or ask about your medical history, to get you to say something that can be used to justify limiting your compensation. For example, if you say “I felt fine” after the crash, they will take that as evidence that you weren't injured, even if you experienced delayed symptoms.

Additionally, a recorded statement may be an incomplete account of the accident and your injuries. Evidence could be collected later that contradicts what you say, hurting your credibility and limiting the value of your claim.

You are not legally obligated to provide a recorded statement, and it is against the law for an adjuster to record you without your permission. Politely decline and explain that you would first like to seek legal advice.

Stick to the facts

When responding to an auto insurance company's questions, it is important to stick to the facts. Here are some detailed guidelines to help you navigate these conversations effectively:

Be Factual and Concise:

Provide only the necessary information and stick to the facts. Avoid offering opinions or speculations. Insurance adjusters are trained to find flaws and use your words against you to minimise the value of your claim. Be clear and concise in your responses to avoid any potential pitfalls.

Avoid Volunteering Information:

Refrain from providing extra details beyond what is asked. Volunteering unnecessary information may unintentionally give the adjuster ammunition to devalue your claim. Listen carefully to each question and provide focused, factual answers without elaborating unnecessarily.

Decline a Recorded Statement:

You are not legally obligated to provide a recorded statement, and it is generally in your best interest to decline. Recorded statements can be used against you, especially if they are incomplete or contain inconsistencies. Politely refuse by saying something like, "I don't want to provide a recorded statement at this time."

Be Cautious About Your Injuries:

Inform the adjuster that you are receiving medical treatment and that your attorney will provide updates as needed. Do not comment on your injuries or say that you are "fine," as this may be used to downplay the severity of your condition and reduce your claim's value.

Take Detailed Notes:

Make sure to write down the adjuster's name and information for future reference. Take thorough notes during the conversation, documenting the questions asked and the answers you provided. This will help you recall the discussion if needed and ensure you don't inadvertently provide conflicting information.

Be Honest:

Always be truthful in your responses. Do not lie, exaggerate, or guess answers. If you don't know the answer to a question, simply say so. Honesty is crucial to maintaining the integrity of your claim and ensuring a fair outcome.

Remember, insurance companies will try to minimise their losses, so it is essential to be cautious and calculated in your responses. Stick to the facts, be concise, and consider seeking legal guidance if needed to protect your interests.

Frequently asked questions