Consequences Of Misinformation: Navigating The Impact Of Inaccurate Details On Insurance Claims

Providing false or misleading information to an insurance adjuster is a bad idea. Insurance adjusters are trained to look for statements or actions that they can twist into admissions of liability or acts inconsistent with the claims made. They might even try to lead you into making contradictory statements or saying things against your best interests.

If you have given an insurance adjuster false information, it is best to consult a lawyer. A lawyer can help you understand your rights and the tactics that insurance companies use. They can also help ensure that insurance companies have the information they need without jeopardising your compensation.

Admitting fault, even partial fault

Insurance companies are for-profit corporations. Their goal is to maximize income through premiums and minimize payouts in claims, settlements, or car accident cases. When the company sends an insurance adjuster to investigate a crash, it is the adjuster's job to find ways to reduce the company's payout. The best way to do this is to show that the person making the claim was responsible for the crash. With responsibility comes liability. The auto insurance company can use the admission of guilt as evidence that it can reduce or deny the car accident claim.

Even if the accident seems like your fault, never admit fault. Admitting fault puts you at risk of not receiving any compensation that you may have otherwise been entitled to. Keep in mind that the other party's insurance company will want you to admit fault so that the responsibility will fall on you.

If you admit fault, you are providing evidence for the other party of being at fault in a car accident, meaning you may not be able to get the full compensation you deserve. Insurance adjusters may analyze a variety of information in determining fault, including police reports, photos of the accident scene, and witness statements. They will use this information to determine fault.

In some states, you will collect compensation based on the percentage of the other person's fault without regard for how much you are at fault. Other states allow you to collect only if your contributory negligence is less than half. In other words, the other person has to be the majority at fault. A few states use pure contributory negligence, meaning that if you are even partially at fault, you are barred from recovery.

It is important to remember that insurance adjusters are seeking to protect their company's interests. It can be beneficial to seek advice from a personal injury lawyer to protect yourself against any unfair insurance practices. A lawyer can help you investigate the cause of the accident, gather evidence, identify all liable parties, and estimate the value of your claim.

Discussing injuries and prognosis

• Do not give a detailed description of your injuries yet. You might leave something out, or discover an injury later, or your injury may turn out to be worse than you originally thought. If you need to say something, just tell the adjuster that you are "still treating," and leave it at that.
• Avoid discussing your health or injuries suffered in the crash. Telling the insurance adjuster about injuries you currently know you've suffered may restrict your ability to claim other injuries from the car accident that your treating physician later diagnoses.
• Refrain from discussing how you are feeling. Responding with "I'm fine" may convince the adjuster that you haven't suffered any severe or disabling injuries.
• Politely refuse to discuss any of the facts about your injuries except the most basic. Say that your investigation of the accident is still continuing and that you will discuss the facts further "at the appropriate time."
• Do not give the adjuster a medical release to see your private medical records. Adjusters often make this request under the guise of verifying your injuries, but they will also look for pre-existing conditions that can be used to reduce the settlement offer.

Speculating about the accident

• Drivers who have been involved in an accident often know very little about what happened. They may have been "just driving along" and then collided. It is best to wait for the investigation to determine what happened.
• Speculative statements can turn out to be incorrect after an investigation. Insurance companies will use those inconsistent statements against the victim.
• Speculative statements can sound like: "I think he was speeding", "I may have been changing the radio", or "He was trying to avoid a pothole".
• It is fine to tell an insurance adjuster that you do not remember, especially if you are not absolutely sure that you remember a detail correctly.
• Stick to very basic details of the accident—the date, the time, the location, the vehicles involved, and the names of any witnesses.
• The adjuster can obtain the police report and speak to witnesses to determine the facts of the accident.

Providing a recorded statement

If the claim is with your own insurance company, there will likely be a clause in your policy requiring that you cooperate with their investigation into your claim. In this case, you may have no choice but to give a recorded statement. However, you can still take steps to protect yourself:

• Decline their request to record your conversations and let the adjuster know that you will provide the necessary statement in writing as soon as you have all the information you need.
• When drafting the written statement, ensure it is accurate and concise, and have a lawyer review it to ensure you are not accidentally admitting fault or speculating about the cause of the accident.
• If you do give a recorded statement, prepare an outline beforehand with the facts of your claim. Remember to stick to the facts and do not veer off-course or keep talking when you do not need to.
• Never admit fault, downplay your injuries, or speculate about the accident.
• You are not legally obligated to provide a recorded statement to an insurance company that represents the other driver.

Accepting a settlement offer too soon

Secondly, accepting a settlement offer too soon can lead to waiving your rights to seek additional compensation. Settlement agreements typically include a release of liability, meaning you cannot ask for more money or take further legal action related to the claim. This is a significant risk, especially if your injuries turn out to be more severe or have long-term complications.

Additionally, by accepting a settlement offer too soon, you may not have a complete understanding of your injuries and their impact on your life. It takes time to assess the full extent of your injuries, future treatment needs, and how they will affect your ability to work and perform daily activities. Rushing into a settlement may result in undervaluing your claim and not receiving adequate compensation for future expenses and losses.

Furthermore, insurance adjusters may use various tactics to pressure you into accepting a quick settlement. They may create a sense of urgency, implying that the offer is a "now or never" opportunity. They may also try to take advantage of your vulnerability and lack of legal representation. Adjusters work for the insurance company and are trained to protect their bottom line by minimising payouts.

To avoid these pitfalls, it is crucial to seek legal advice before accepting any settlement offer. A personal injury attorney can help you understand your rights, assess the full value of your claim, and negotiate with the insurance company on your behalf. They can guide you through the settlement process, ensuring that you make an informed decision and receive fair compensation for your losses.

Frequently asked questions