It is in the insurance company’s interest to try to talk to you during the claims process after an auto accident. The same does not hold true to you — it is actually in the exact opposite of your interests to say anything to them.
It is almost like the Miranda rights that you often hear about: anything that you say can and will be used against you — to cost you money. Let your attorney speak for you at all times during the claims process. The Wilmington auto accident lawyers at Horton & Mendez will stand up for you as you seek a fair settlement for your crash injuries. Call us today to schedule your free initial consultation to discuss your situation.
What Not to Say to An Auto Insurance Adjuster Under Any Circumstances
There are certain things that the insurance company is trying to get you to say. They may try to get you formally on the record or try to talk to you casually.
Either way, you can be sure that the recorder is rolling in some fashion. The insurance company is looking for things to use against you, either to put themselves in a stronger negotiating position or to use as their own evidence if your case ever goes to a jury.
There are two major ways that an insurance company may try to entrap you when they are speaking with you.
Admitting fault
First, they may be trying to get you to admit some kind of fault in the accident that transpired.
They may be trying to get out of paying your claim altogether. They could also be fishing to find a way that they can claim you contributed to the accident. Even if you were partially at fault, it would mean that you get less money.
Downplaying your injuries
Additionally, the insurance company is looking for more information about your injuries. They may ask you innocent-sounding questions. Even the seemingly throwaway question of “how are you doing?” may be more loaded than you think.
You may think that you are just being responsive when you answer that you are ok, only to be shocked when the insurance company then accuses you of overstating your injuries when you have filed a claim. It does not take much for the insurance company to try to use your words against you.
The insurance company is also trying to find out more about your injuries. They will see your medical records because you include those with your claim. In reality, your medical records should speak for themselves without anything extra. That is exactly why the insurance company wants to hear about your injuries in your own words.
Never speak to them about the nature and extent of your injuries. They are looking for you to say something that they can take out of context, so they can dispute the extent of your injuries when it comes time to negotiate a settlement agreement.
The Car Insurance Adjuster Cannot Make You Talk
The insurance adjuster plays an adversarial role in your car accident claim. They are the representative and defender of the other driver. If your case goes to court, they are the ones who would provide an attorney to defend the case. Thus, the adjuster wears multiple hats in the claims process. They try to gather information to make you a settlement offer, but they also want to keep the amount of money paid as low as possible.
You do not have any obligation to speak to the other driver’s insurance adjuster. They cannot force you to speak with them. There is a reason why they will try to ask nicely or even trick you if they are able. Speaking to them is solely up to you, and it is not something that you should do under any circumstances.
While you do not have to speak with the adjuster, although they may have an obligation to you.
The insurance company must respond to your claim within a reasonable amount of time.
Remember that you are the one with the legal right to full compensation for your injuries. One of your legal rights is not to talk to anyone if you so choose. If the adjuster does try to speak with you to ask you questions, you can refer them to your lawyer. If you do not yet have a lawyer, you can always decline to talk.
Your Car Accident Attorney Can Speak For You
You do not always know what you should and should not say during a car accident case. You may not even know that you do not have to say anything at all. You can leave everything to your attorney.
Our car accident lawyers at Horton & Mendez know the tricks that insurance companies try to use to save money at your expense. We have sat across the table from the insurance company many times, and we have even been on their side of the table in the past.
You can trust us to fight for you to receive the highest possible amount of compensation for your car accident claim. We know the right things to say when the insurance company is trying to give you the runaround.
Hire a car accident attorney at the very beginning of the legal process, and we will do everything within our power to protect your legal rights and fend off the insurance company from speaking to you. We aim to keep the insurance company from overstepping and taking advantage of any trust that you may place in them.
Contact a Wilmington Car Accident Lawyer Today for Legal Help
When it comes to dealing with auto insurance adjusters, you should place your interests in the hands of an experienced car accident lawyer. The experienced attorneys at Horton & Mendez will handle all the details of your case from beginning to end, including dealing with the insurance company on your behalf.
The first step is to speak to one of our dedicated attorneys during your free initial consultation.
To speak with a lawyer, you can message us through our website or call us today at 910-405-7751. You pay nothing unless you are paid.
