If you are involved in an automotive insurance company, you may need the assistance of your insurance company to pay your medical bills and repair your vehicle. However, conversations with your insurance company should be strategic. Avoid saying any of the following:
Anything . . . Right After an Accident
Avoid notifying your insurance company immediately after an accident. You may be in shock, confused or under a great deal of stress. Take care of your medical needs first and protecting your legal interests. Then you can concentrate on contacting the insurance company. Remember that you and the insurance company have very different objectives. The insurance company is seeking to close the case as quickly as possible for as little as possible while your objective is to receive the maximum amount of compensation available for your claim.
It Was My Fault
Avoid admitting fault for the accident. When you do describe the accident, do so in a matter of fact manner without adding personal opinions into the mix. The insurance companies can work it out between them who was at fault for the accident. There may be factors involved that you are not aware of, such as faulty vehicle parts, a distracted driver or a traffic sign that is difficult to see. Even if you are found at fault, the other driver may have also contributed to the accident and also be at fault. Avoid making an admission of fault in front of the other driver, law enforcement or your insurance company as these statements may later be used against you.
I’m Not Injured
Avoid making any declarations that you do not know are absolutely true. While some injuries are readily apparent, many are not. You may not know that you are suffering from internal bleeding or a brain injury. Bruises and other indicators of injury may take time to manifest. Your neck or back may begin hurting days later. If you do experience pain, get it checked out by a healthcare provider. Avoid signing any medical release form from the insurance company until you have been properly advised by an attorney.
This Is My Official Statement
Avoid giving an official statement that is recorded until you have been advised by a personal injury attorney. You are not under an obligation to have your statement recorded. What you say may be taken out of context or misconstrued by the insurance company until it is manipulated to serve their objective.
I Think . . .
If you do not know a factual answer to provide, it is fine to say “I don’t know.” Do not estimate or opine an answer. This may apply to the speed you were driving, distance calculations or other estimates. Simply avoid making such estimates.
Names of Others
Stick to the basics when dealing with your insurance company. Avoid giving them names of family members, friends or doctors. If you wind up in litigation, you may be asked to provide information about anything you told these individuals and their contact information.
I Accept
Most initial settlement offers from insurance companies are low ball offers. While you may have mounting medical bills and are losing wages while off work, avoid accepting a settlement offer that does not fully compensate you for your injuries. Consider consulting with a personal injury attorney before taking any settlements so that he or she can advocate on your behalf and negotiate a fair settlement.
I Don’t Have a Lawyer
When you retain the services of an experienced personal injury attorney, the insurance company is more likely to give your claim greater respect and attention. A personal injury lawyer often has more experience than a layperson in laws regulating insurance companies and in estimating the true value of a claim so that present and future damages are taken into consideration. In addition to property damage, lost wages while you were recovering and property damage, damages may include loss of future earning potential, loss of enjoyment of life, loss of consortium and pain and suffering.
Legal Assistance
When dealing with insurance companies, it is important that you tell the truth and do not lie. However, sometimes individuals may overindulge information that is only used to negatively affect them and their claim. Discuss your case with a personal injury lawyer and ask for specific advice regarding statements that you should make to the insurance company.
