Dealing with insurance companies after a car accident can be a challenging and overwhelming experience. One of the most important conversations you'll have is with an insurance adjuster, whose job is to investigate the accident, determine liability, and assess damages. It's crucial to know what to say and what not to say to protect your interests and ensure a fair outcome. Here are some essential tips to guide you through this process.
Characteristics | Values |
---|---|
Tone | Calm and polite |
Information shared | Full name, address, phone number, date, time, location, type of accident, vehicles involved |
Information not shared | Anything unrelated to the incident, personal life, schedule, income, medical/injury history, previous accidents, criminal record |
Recorded statements | Decline |
Settlement offers | Resist the urge to accept the first offer |
What You'll Learn
Remain calm and polite
It's completely normal to feel angry after an accident and the resulting injuries. However, taking out your anger on the insurance adjuster will not help you get a fair settlement. Instead, it is recommended that you remain calm and polite throughout your interactions with them.
Remember that the insurance adjuster's goodwill may pay off in ways you might not expect—for example, in promptly handling your claim or believing your version of events that are difficult to prove. Therefore, it is always best to keep your cool and remain professional.
- Take a breath and proceed cautiously: Before you speak with an insurance adjuster, take a moment to breathe and centre yourself. Remember that they are not looking after your best interests, so proceed with caution and be mindful of what you say.
- Be mindful of your tone: Keep your tone of voice calm and polite throughout the conversation. Avoid raising your voice or using aggressive language, even if you feel frustrated.
- Focus on the facts: When discussing the accident, stick to the facts and avoid adding opinions or assumptions. Clearly describe what happened, but refrain from discussing fault or speculating about the causes. If you don't know the answer to a question, simply admit that you don't know and move on.
- Limit personal information: Only share details directly relevant to the accident and your claim. Avoid discussing your personal life, schedule, or any other unrelated topics. Providing too much information may give the adjuster ammunition to minimise your claim.
- Refrain from making accusations: Even if you believe the other party is at fault, avoid making accusatory statements or assigning blame. Stick to the facts, and let the insurance adjuster make their own assessments.
- Seek legal advice: If you feel overwhelmed or uncertain, consider consulting a lawyer who specialises in personal injury or accident claims. They can communicate on your behalf, protect your rights, and guide you on what to say to avoid negatively impacting your claim.
Remember, remaining calm and polite during your interactions with the insurance adjuster can help create a more positive and collaborative environment, which may increase the chances of a fair and satisfactory resolution for all parties involved.
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Provide basic personal information
When an insurance adjuster calls, it is important to remain calm and polite. Even if you are still feeling angry or stressed in the aftermath of the collision, presenting yourself as cooperative and reasonable is important. Remember that the adjuster is not your advocate, and their objective is to get you to accept the lowest amount of money possible in the shortest amount of time.
When the insurance adjuster calls, ask for their name, contact details, and insurance company. Write these down so that you can reach them later if you have any concerns. You should also provide your basic personal information, including your full name, address, and phone number. You can also share what type of work you do and where you are employed. However, avoid providing unnecessary details about your work, schedule, income, medical history, or anything else unrelated to the incident.
Keep your explanations clear and concise, focusing on the facts without adding opinions or assumptions. You are not required to discuss the nature of your injuries, the treatment you received, or how the accident occurred. If pressed for more information, politely inform the adjuster that your attorney will be in touch to discuss your claim.
- "I don't know."
- "I can't answer that right now."
- "I'd rather not give a statement now."
- "The accident is still under investigation, so I can't comment."
- "I'll discuss this at a more appropriate time."
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Give no details of the accident
When speaking with an insurance adjuster, it is crucial to remember that they do not have your best interests at heart. Their primary objective is to protect the interests of their employer, the insurance company, and this often means minimising payouts. Therefore, it is imperative that you proceed with caution and refrain from divulging unnecessary details about the accident. Here are some guidelines to follow:
Firstly, politely decline to discuss the specifics of the accident beyond the most basic information. This includes details such as the location, date, time, type of accident, vehicles involved, and the identities of any witnesses present. Anything beyond these essential facts should be off the table. If the adjuster attempts to engage you in conversation about the accident, maintain your stance and reiterate that your investigation is ongoing. Inform them that you will provide additional details at the appropriate time, such as in a personal injury demand letter.
Be mindful that adjusters are trained to use your statements against you to minimise the insurance company's liability. For example, if you mention that you saw the other driver before the collision, they may try to argue that you are partially at fault for failing to keep a proper lookout. Even innocent remarks about your well-being can be used against you. If you say you are "fine" or "feeling better," the adjuster may use this as evidence to downplay the severity of your injuries and reduce your claim.
It is also important to note that you are not legally obligated to provide a recorded statement, and it is within your rights to decline such requests. Recorded statements can be used to challenge your claim if any inconsistencies arise, so it is advisable to consult a lawyer before agreeing to any recordings.
Additionally, be cautious about the information you provide outside of the accident details. Only share limited personal information, such as your full name, address, phone number, and employment details. Avoid discussing your personal life, medical history, income, schedule, or any other unrelated topics. The adjuster may try to engage you in small talk to gather information that could be used to minimise your claim.
Remember, the adjuster's goal is to pay out as little as possible, and they are trained to use your words against you. Therefore, it is crucial to be vigilant about the information you disclose and maintain a polite but firm stance when declining to provide unnecessary details.
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Avoid recorded statements
It is important to remember that insurance adjusters are not looking out for your best interests. They are trained negotiators who aim to minimise payouts and settle claims as quickly and cheaply as possible. With that in mind, here are some reasons why you should avoid giving recorded statements to an insurance adjuster:
Recorded Statements Can Be Used Against You
Insurance adjusters are skilled at twisting words and taking statements out of context to support their agenda. They may use your recorded statement as evidence, making it difficult to correct or expand on what you have said. Recorded statements can be misinterpreted and used against you during the claims process, potentially harming your case.
You May Inadvertently Provide Inaccurate Information
Most people tense up when they know they are being recorded, and this can cause them to forget important details or describe things incompletely or inaccurately. A written statement, reviewed by an attorney, will be more precise and thorough than a verbal or recorded statement. It gives you more control over what you say and allows you to correct any mistakes before submitting it.
Recorded Statements Are Not Mandatory
You are not legally required to provide a recorded statement to insurance companies. It is your right to decline any requests for recorded statements and to consult with an attorney before agreeing to provide any formal recorded testimony.
Recorded Statements May Not Capture All Relevant Information
A recorded statement may not capture all the details of the accident, including witness statements, police reports, or photographic evidence that can strengthen your claim. A written statement allows you to provide a comprehensive account of the incident, supported by relevant evidence.
Recorded Statements Can Be Used to Pressure You
Insurance adjusters may use recorded statements to pressure you into accepting a low settlement offer. They may take advantage of your recorded statement to challenge your claim or argue that you are now ""remembering" convenient facts to seek more compensation.
In summary, it is in your best interest to avoid giving recorded statements to insurance adjusters. Consult with an attorney who can guide you on what to say and protect your rights throughout the claims process.
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Document all communications
Documenting all your communications with the insurance adjuster is a critical step in protecting your interests and ensuring a clear timeline of events. Here are some detailed instructions on how to effectively document your interactions:
- Record Basic Information: Whenever you speak with an insurance adjuster, make sure to note their name, phone number, email address, and the insurance company they represent. Additionally, obtain the name of the person or business that the insurance company insures. Having this basic information helps identify the individuals involved and facilitates future correspondence.
- Take Detailed Notes: During your conversations with the adjuster, take comprehensive notes that capture the key points discussed. Write down any specific details, requests, or instructions provided by the adjuster. Make sure to include the dates and times of each interaction, whether it's a phone call, email, or in-person meeting.
- Save All Correspondence: If you communicate with the adjuster via email or letter, be sure to save these communications. Create a dedicated folder to store all emails, letters, and other relevant documents. This ensures that you have a complete record of all written exchanges.
- Summarise Conversations: After each conversation, take the time to summarise the key points discussed and any important information conveyed. Include any commitments, promises, or agreements made by the adjuster. This summary will help you recall the details of the interaction and provide a clear record if needed.
- Document Your Injuries and Expenses: Keep a detailed record of your injuries, medical treatments, and any expenses incurred. Save all medical reports, bills, and receipts related to your treatment. This documentation will be crucial when discussing your injuries with the adjuster and calculating your compensation.
- Note Witness Information: If there are witnesses to the incident, be sure to document their contact information and any statements they provide. Witness testimonies can be valuable in supporting your claim, and the adjuster may request this information.
- Organise and Secure Your Records: Create a secure file, either physically or digitally, to store all your documentation. Organise your records in chronological order to make it easier to refer back to specific interactions or events. Ensure that your records are backed up or stored in a safe place to prevent loss or damage.
Remember, thorough documentation is essential to protecting your interests and ensuring a clear record of all communications with the insurance adjuster. It can provide valuable evidence if disputes arise and help support your claim.
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