Many of our clients have almost the same experience immediately following a car crash:
- Accident occurs;
- They get to the hospital and undergo medical treatment;
- They contact their insurance, or their insurance adjuster contacts them to discuss their treatment and the accident.
- Believing the insurance adjuster wants to help them, they answer all the questions the adjuster has.
We strongly recommend that you contact an attorney BEFORE talking to any adjuster, even your own insurance company's adjuster. When it comes to insurance, carriers have made a science of minimizing the amount of money they pay to compensate you for your injuries following an accident.
How Insurance Companies Use Your Words Against You
One tactic for doing this is to solicit responses from those hurt in crashes, which they can later use as grounds to reduce or eliminate the amount they pay for claims. Something as innocuous and automatic as “hello, how are you today?” followed by the responses of “fine, how are you?” could be used later to argue that you were, in fact, fine. Even if you said this response while medicated and in traction, an insurance company may throw it back in your face later on.
What You Need to Remember
- Insurance adjusters are NOT your friends. They are there to minimize what their company will pay. They act friendly to get you to let your guard down and get you responding to their scripted questions that are designed to prevent you from being fully compensated for your injuries.
- Be careful what you say. They are likely recording your conversation (at least in Ohio, where they can do this without your permission). If you speculate on what caused the accident or your treatment, they may use it against you later as if it were the gospel truth. Conversely, if you say something in support of your claim, they will not provide the recording later, as if you never said it at all.
- If you do find yourself talking to an adjuster, remember they are asking questions geared towards hoping you will say something to harm your claim. Even apparently harmless answers may be twisted against you.
- Be skeptical, even about talking to your own insurance adjuster. Most people don’t know this, but if the at-fault driver was not adequately insured, your OWN insurance company may end up working against you in court!
Critical Don'ts
- Do NOT speculate on what happened or your treatment. It is very rare that someone, especially a layperson, knows the full extent of their injuries and treatment immediately after a crash. It is also common that you may be in an altered mental state due to medication or the trauma of the accident.
- Do NOT wait to contact an attorney. Insurance companies are also playing the waiting game, knowing that you only have two years to file a lawsuit. This may seem like a long time, but the more they can delay, the less time you may have to actually pursue your claim in court if necessary. We regularly see insurance companies send letters saying “we are still investigating” in order to delay, delay, delay.
- Never sign anything!
If you remember nothing else, remember this: insurance adjusters are NOT on your side. They are trying to pay as little as possible. If you want to discuss your case, please reach out to our experienced team to guide. Talking to an attorney early on can help avoid missteps that could harm your case later.
Protect Your Rights. Contact Frasor Ireland LLP Today
Don't let a routine insurance conversation cost you the compensation you deserve. The experienced personal injury team here at Frasor Ireland LLP knows every tactic insurance companies use, and we're here to protect your rights from day one.
If you want to discuss your case, please reach out to us for guidance.
Talking to an attorney early on can help avoid missteps that could harm your case later.
📞 Call us at 419.806.4026 for a free consultation.
Or submit a request on our contact form, and we'll get in touch with you!
Because when it comes to insurance companies, you need someone who's actually on your side.