Insurers And Attorneys: When To Bring Legal Counsel Into The Conversation

If you've been in a car accident, you will likely have to talk to an insurance claims adjuster. Although it may sound simple, the process can be deceptive, challenging, and daunting. Insurance adjusters are professionals who work for insurance companies and are hired to handle the investigation of claims and the payment of money to claimants. Their primary job is to save the insurance company money. Therefore, it is recommended that you speak to an attorney before talking to an insurance adjuster. An experienced personal injury attorney understands how an insurance adjuster works and can guide you through the process. They can also help you avoid common pitfalls, such as signing medical authorization forms, sharing details about your injuries, and giving recorded statements. By seeking legal advice, you can protect yourself and improve your chances of receiving a fair settlement.

Why you shouldn't speak to an insurance adjuster without an attorney

After a car accident, it is advisable to avoid speaking to an insurance adjuster without first consulting an attorney. Here are several reasons why:

Insurance Adjusters Are Not on Your Side

Insurance adjusters are employees of insurance companies and are primarily concerned with saving their company money. Their job is to investigate claims and determine how much the company should pay out. This means that they will try to find ways to limit payouts or deny claims altogether. Even your own insurance company is not legally obligated to work in your best interests. Therefore, it is crucial to have an attorney who can protect your rights and ensure you receive fair compensation.

Insurance Adjusters May Use Deception and Intimidation Tactics

Insurance adjusters may appear friendly and sympathetic, but this is often a tactic to gain your trust and get you to admit something that could weaken your claim. They may also try to pressure you into accepting a quick and low settlement before you fully understand the extent of your injuries and the value of your claim. Adjusters might also attempt to get you on the record, either through a phone conversation or a written statement, so they can lock you into a particular version of events.

You May Inadvertently Harm Your Claim

Without legal experience, you may unknowingly say something that could be used against you or provide information that is not in your best interest. For example, discussing your injuries or giving details about the accident could allow the adjuster to downplay the severity of your injuries or find reasons to reduce your compensation. Any statement about your health or injury is a huge risk, as even minor comments about feeling better can be used to argue that your injuries have healed or are not as serious as claimed.

An Attorney Can Handle Communications and Negotiations

A personal injury attorney can handle all communications with insurance adjusters and ensure that your rights are protected. They understand the tactics used by insurance companies and can guide you through the claims process, helping you avoid common pitfalls. An attorney will also be able to accurately calculate the value of your claim, taking into account not just your medical bills but also lost income, emotional damage, and pain and suffering.

In conclusion, speaking to an insurance adjuster without legal representation can put you at a significant disadvantage. By consulting an attorney first, you can ensure that you do not inadvertently harm your claim and increase your chances of receiving fair compensation for your injuries and losses.

How to speak to an insurance adjuster

After a car accident, it is likely that you will have to speak to an insurance claims adjuster. Although this may sound simple, the process can be deceptive, challenging, and daunting. It is important to remember that insurance adjusters are not on your side. Their primary job is to save the insurance company money and limit payouts. Therefore, it is recommended that you speak to an attorney before talking to an adjuster. Here are some guidelines on how to speak to an insurance adjuster:

• Inform the adjuster that you intend to limit correspondence. You can tell them that you do not intend to take more than one or two calls. It is important to limit the number of calls because the more you speak with an adjuster, the more information they can gather from you.
• Ask for the adjuster's information. You are entitled to know who you are speaking with. Ask for their full name, phone number, fax number, the insurance company they work for, and an email address if they have one.
• Know what information you can give out. You do not need to give the adjuster any details, but there is some basic information that you can provide, such as the date, time, and location of the accident, and who was involved. Do not share any details about your injuries, prior medical conditions, or your opinion of the accident.
• Mention that you do not wish to be recorded. You are not legally obligated to give a recorded statement, and it is not always in your best interest to do so.
• Mention that you have or will hire an attorney. You can tell the adjuster that your attorney will be sending a demand letter to the insurance company after you have received a report from your doctor.
• Do not apologize or admit guilt. Even if you are in the habit of saying sorry, do not do so in this situation as it can be seen as an admission of fault.
• Do not downplay your injuries. Do not say that you are "fine" or "okay" as this can cause the adjuster to reduce the settlement offer.
• Do not give your opinion of the accident. Even if the fault lies completely with the other party, giving your opinion can be interpreted in different ways from a legal standpoint.
• Do not accept the first settlement offer. Always speak to an attorney before agreeing to any settlement to ensure that you are getting a fair amount.
• Be polite and maintain your composure. Even if you are angry or frustrated, do not lose your temper or verbally attack the adjuster.

What not to say to an insurance adjuster

When dealing with an insurance adjuster, it is important to remember that they are not on your side. Their primary goal is to save their company money and limit payouts. Therefore, it is crucial to be cautious about what you say to avoid jeopardizing your claim or settlement amount. Here are some things you should avoid saying to an insurance adjuster:

• "Sorry" or "It was my fault": Apologizing or admitting fault, even partially, can be detrimental to your case. Even if you believe you are at fault, wait for the official investigation and seek legal advice before admitting anything.
• "I'm OK" or "I'm fine": Downplaying your injuries or stating that you are fine can reduce your settlement offer. It is best to avoid discussing your injuries or medical condition until you have a clear understanding of the extent of your injuries.
• Speculating about the accident: Stick to the facts when describing the accident. Avoid speculating or sharing your opinions about what happened, as it could be used against you to shift blame or reduce your compensation.
• Providing a recorded statement: You are not legally obligated to provide a recorded statement. Insurance companies may use your recorded statements out of context to refute your claims or reduce their liability.
• Accepting the first settlement offer: The initial settlement offer is usually lower than what you may be entitled to. Consult with an attorney before accepting any settlement offers to ensure you receive fair compensation.
• Sharing unnecessary information: Only provide basic information such as your name, contact details, the date, time, and location of the incident. Avoid sharing personal information, medical records, or details about your injuries.
• Discussing your injuries in detail: Do not discuss the severity of your injuries or provide a prognosis. Let your medical records speak for themselves. Inform the adjuster that you are being treated by a doctor for injuries related to the accident.
• Answering questions about the incident: If you are unsure about the facts or have not yet spoken to an attorney, it is best to avoid answering questions about the incident. Tell the adjuster that your attorney will provide them with the necessary information.
• Admitting to not hiring a lawyer: Insurance adjusters may view you as more vulnerable if you have not hired a lawyer. It is best to seek legal representation and refer the adjuster to your attorney.
• Sharing medical records: Do not share your medical records or releases with the adjuster. They may try to find pre-existing conditions or prior injuries to reduce their liability or dispute your claim.

When to speak to an insurance adjuster

After an accident, you will likely receive a call from an insurance adjuster. By law, insurance adjusters must contact the parties involved in an accident or other claim. This usually happens within the first few days, but it will almost certainly be within the first few weeks.

When speaking to an insurance adjuster, it is important to remember that they are not your friend and that they work for the insurance company. Their goal is to settle your claim for as little money as possible and as quickly as possible. Here are some tips on when to speak to an insurance adjuster:

Be Prepared

Before speaking with an insurance adjuster, understand their role and what they are looking for. Insurance adjusters typically deal with a high volume of claims and may not have specialized medical or legal training. They will be looking for specific information, such as what you observed or know to be factual, rather than subjective information or opinions. They will also be looking for any information they can use to create doubt about your claim or reduce your total settlement.

Timing

It is important to speak to an insurance adjuster promptly, as they will need to gather information from you and other parties involved in the accident. However, you should also be cautious and prepared before speaking with them. Make sure you understand your rights and what information you are required to provide. Consult with an attorney before speaking with an insurance adjuster if possible.

Provide Limited Information

When speaking to an insurance adjuster, provide only limited personal information, such as your full name, address, and phone number. You can also tell them where you work and what type of work you do, but you do not need to provide any other details about your daily activities, work schedule, income, medical history, or other personal information.

Avoid Giving Details About the Accident or Your Injuries

Do not give a detailed statement about how the accident occurred or any injuries you sustained. Stick to providing only the most basic information, such as the date, time, location, vehicles involved, and the identity of witnesses. You can tell the insurance adjuster that your investigation into the accident is ongoing and that you will provide more details at a later time. Similarly, regarding your injuries, simply state that you are still receiving medical treatment and that you will provide a written summary of your injuries.

Do Not Sign Anything or Give Recorded Statements

Do not sign any documents or provide recorded statements to the insurance adjuster without first consulting with an attorney. You are not legally obligated to provide recorded statements, and it is against the law for an adjuster to record you without your permission. Providing recorded statements or signing documents without fully understanding your rights and the implications can compromise your claim.

Do Not Accept an Initial Settlement Offer

Insurance adjusters may offer you an early settlement, but it is important to resist the urge to accept it immediately. Initial settlements are often well below what you should rightfully receive. Wait until you know the full extent of your losses and only accept an offer that covers all your expenses.

Document and Follow Up

Finally, be sure to document all communication with the insurance adjuster. Keep a notebook or diary to track the status of your claim and create a paper trail by sending follow-up emails or letters to confirm any representations or promises made during conversations. Remember that everything you say or write may be noted in the insurance company's records, so always remain polite and professional, even when you feel frustrated.

What to do after speaking to an insurance adjuster

After speaking to an insurance adjuster, it is important to take stock of the situation and consider the following steps:

• Take notes: After the call, make a note of all the information you received, as well as the information you provided. It is important to keep a record of what was discussed for future reference.
• Consult an attorney: If you haven't already, consider consulting a personal injury attorney, especially if you feel the insurance adjuster is not acting in your best interests. An attorney can guide you through the process, protect your rights, and negotiate on your behalf. They will also be able to review your case and determine if you are receiving a fair settlement offer.
• Refuse to give recorded statements: You are not legally obligated to provide a recorded statement to the insurance company. Recorded statements can be used against you, as they may contain inconsistencies or statements that could be detrimental to your claim.
• Limit personal information: Only provide the insurance adjuster with basic personal information, such as your full name, address, and phone number. You do not need to disclose details about your daily life, work schedule, income, or medical history.
• Do not discuss the accident or your injuries in detail: Avoid providing a detailed description of the accident or your injuries. Stick to the basic facts, such as the date, time, location, and vehicles involved. Do not speculate or give your opinion about the accident. Inform the adjuster that your investigation is ongoing and that you will provide more details at a later stage.
• Resist the pressure to settle immediately: Insurance adjusters may offer an early settlement, but it is important to understand that initial settlements are often lower than what you may be entitled to. Do not accept an offer until you have a full understanding of your injuries and the extent of your losses.
• Seek medical attention: After an accident, it is important to prioritize your health and well-being. Seek medical attention to ensure that any injuries are properly diagnosed and treated.
• Gather documentation: Keep all relevant documentation organized, including medical records, police reports, and repair estimates. This documentation will support your claim and help determine the compensation you are owed.
• Consider a follow-up conversation: If necessary, you may need to have further conversations with the insurance adjuster to provide additional information or clarify certain details. However, always consult with your attorney before engaging in further communication.

Frequently asked questions