After being injured in a car accident, talking to insurance adjusters is probably the last thing you want to do. However, chances are you will receive at least one call from an adjuster in the days following the crash. When you do, it is important that you know what to say — and not to say.
As a baseline, remember that insurers are never looking after your best interests. Therefore, when you receive their call, take a breath and proceed cautiously. Sadly, even your own insurer will always put their interests well ahead of your own.
The Wilhite Law Firm has over 40 years of experience helping injury victims throughout Colorado secure the compensation they deserve. We are ready to help you too, including by making sure you are not taken advantage of by insurers. If you were injured in a car accident at little to no fault of your own, call us today for a free consultation. Read on to learn how to handle a call from an insurance adjuster.
Why You Should Not Trust Insurance Companies After a Car Accident
Insurance adjusters may seem friendly on the phone. Do not be fooled. Remember, insurers are for-profit businesses concerned with protecting their own bottom line. To that end, the primary job of adjusters is to save their company money by denying as many claims as possible within the constraints of the governing policy and law.
To achieve this, they will use whatever information you provide against you where possible. Therefore, you should proceed with caution anytime you interact with an insurance adjuster investigating your claim. The best way to make sure you are not taken advantage of is by hiring an experienced injury attorney to protect your rights, negotiate on your behalf, and fight for you in court if necessary.
What Should I Say if an Insurer Calls After an Accident?
As a rule of thumb, stick to the facts. You should never lie when filing or discussing a claim with any insurer, as doing so may compromise your claim and lead to serious legal trouble down the line. However, you should also protect your interests by only providing the information you are required to by law. As it turns out, you are required to reveal very little before hiring an attorney.
What Should You Say When Your Own Insurer Calls?
Unfortunately, even your own insurer cannot be trusted to act in your best interests when processing your claim. Even so, insurers often require their policyholders to promptly report any car accident they are involved in. Failure to do so can eliminate your right to compensation through an insurance claim. Therefore, you should report accidents you are involved in to your insurer soon after they occur to avoid complications.
That said, when making your report, you are not required to go into detail. Provide your name, phone number, and address. If pressed for more, inform the adjuster of things like the date, time, and location. However, you are not required to discuss the nature of your injury, the treatment you received, and how the crash occurred. If they press further, inform them politely that your attorney will be in touch to discuss your claim.
What Should You Say When the Other Driver’s Insurer Calls?
If the at-fault driver’s insurer calls, you are not required to answer at all. If you answer the call, keep the conversation brief. Just as with your own insurer, inform them that your attorney will be in touch. Once they are on notice that you have legal representation, the at-fault party’s insurer should direct all communication to your lawyer.
What Are Six Things Not To Say When an Insurer Calls?
When dealing with insurers, what you do not say is just as important as what you do. This section explores six things to avoid when discussing your claim with insurers, especially before securing legal representation.
1. “It Was My Fault.”
Do not admit fault for the accident or say anything that could be construed as an admission. For example, do not apologize for the crash, even if you feel bad that someone was hurt. An apology suggests that you were somehow responsible. Insurance adjusters will note even slight indications of culpability as a potential reason to deny your claim.
2. “I Feel Fine.”
One of the first questions an insurance adjuster will ask is, “How do you feel?” If confronted with this question, you should simply inform the adjuster that your attorney will be in touch with your medical records when the time is right.
Remember that your compensation in a car accident case is largely calculated based on the pain and suffering you experience due to your injuries. Therefore, it is important that you do not undermine your claim by understating the severity of your injuries, especially if they have not been evaluated by a doctor.
3. “I Think . . .”
Speculating about a car accident is never a good idea, especially when discussing causation and fault. Remember that you do not have to answer every question an adjuster asks. If they press you to speculate, simply inform them that you do not feel comfortable doing so. Your speculative opinion can easily backfire if evidence collected later undermines your account.
4. “Yes, You Can Record My Statement.”
You are not legally required to provide insurance companies with a recorded statement. Never give one, as insurers will scour the recording for anything they can use against you. If one is requested, politely decline. Even if you feel pressured, stand your ground.
5. “Yes, I Will Sign a Medical Release.”
Your medical records will be the primary source of evidence used to evaluate the extent of your injuries. In turn, this information will be used to calculate the compensation you are owed.
Your medical records are private and strictly protected by law. Insurers can only access them with your permission, which they will request that you give by signing a medical release. Do not give it. Instead, let your attorney send your records after they review them first.
6. “I Accept Your Offer.”
You may be tempted to accept an insurer’s first settlement offer. However, their first offer is almost never their best. Often, insurers even calculate their first offer under the assumption that you have not yet obtained legal representation. They do so because they know that most injury victims have little experience handling the aftermath of an accident. In other words, they prey on the vulnerable and unprepared. Do not be caught off guard.
How Does the Law Protect Consumers from Insurers?
Insurance companies must act in “good faith” when issuing policies and processing claims. This simply means that they are legally required to treat you fairly and process your claims transparently. Among other things, the Colorado Unfair Claim Settlement Practices Act specifically prohibits insurers from:
- Refusing to pay a claim without investigating
- Misrepresenting the provisions of an insurance policy
- Unnecessarily delaying the claims process
- Trying to settle a claim for less than a reasonable person would believe they are entitled to
- Failing to explain the basis for denying a claim
Failure to comply with these restrictions leads to serious legal consequences. If you think you are the victim of an insurer’s bad faith, you should have your case reviewed by an attorney as soon as possible. The Wilhite Law Firm is a phone call away.
Speak to an Experienced Car Accident Attorney Today
If you are injured in a car accident at little to no fault of your own, the best way to protect your right to compensation is to have your case reviewed by an experienced car accident lawyer as soon as possible. To minimize the risk of undermining your own claim, avoid speaking to insurers before securing legal representation.
The Wilhite Law Firm has decades of experience helping injury victims throughout Colorado secure the compensation they deserve. We are ready to help you too. If you were injured in a car accident caused by someone else, contact us today for a free consultation.
