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We all hope we won’t get into a car accident, but the odds are that we will at some point. Therefore, you might as well be prepared just in case. After an accident, what you say to an insurance adjuster depends on whose insurance company you’re speaking with. So, here is some information to keep in mind.

If you receive a call from the other driver’s insurance company—and I’m sure you will—don’t speak with them. I can assure you that there is nothing good that can come from that conversation. You’re also not legally obligated to speak to them anyhow. The insurance adjuster will probably act like your friend and make it seem like an innocuous call. However, they will use whatever you say against you later on.

If by some chance you end up on the phone with an adjuster and they ask for a recorded statement, say no. If they ask for medical authorization, say no. If they try to make you a settlement offer, decline it. If they try to friend you on social media, decline their request, and change your privacy settings.

If you receive a call from your own insurance company, you should not say any of the following:

  • “I Think”

Don’t speculate about what happened, just say the facts. If you don’t know the answer to a question, say so. Otherwise, the insurance adjuster might try to claim later on that you changed your story.

  • “Sorry”

Saying sorry could negatively affect the insurance adjuster’s apportionment of fault. Sometimes we say “sorry” out of habit or embarrassment, but don’t do it. It can be misconstrued.

  • “I’m Fine”

The insurance adjuster might introduce themselves and ask how you’re doing, to which you reply: “I’m fine.” This, too, can be misconstrued and negatively affect a future bodily injury claim.

  • “I think I Might See a Doctor”

Don’t discuss the details of your injuries with the insurance adjuster. It’s okay to let them know you’re injured and leave it at that.

  • “Intentional”

Insurance only covers accidents, not intentional acts. Discussing intent is speculative anyhow because it refers to the state of mind of the defendant.

Don’t want to be bothered with all the stress that accompanies property damage and bodily injury claims? Is fault disputed? These are two good reasons to hire a lawyer after a car accident. Even if fault is not an issue, it makes sense to hire a lawyer after a car accident because you won’t have any bite to your bark without one. The insurance company knows you’ll have no real recourse if they deny your demand for settlement and make a lowball offer instead. The reason insurance adjusters make a higher settlement offer to someone who is attorney-represented than to someone who is not is because there is a greater risk their insured could be sued if they don’t settle the claim. Put simply, you don’t have any leverage without an attorney fighting by your side. 

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Kevin Crockett, Esq. is an award-winning personal injury lawyer who understands the impact an accident can have on someone’s life. That’s why he aggressively fights for each of his clients. He was named a Rising Star by Super Lawyers Magazine three years in a row (2021, 2020, 2019) and Ones to Watch for Personal Injury Litigation by Best Lawyers (2021), among other awards.

Visit crockettlawgroup.com 

Crockett Law Group                                                                       

777 E. Tahquitz Canyon Way, Suite 200-205

Palm Springs, CA 92262

760-999-4444

 

100 Spectrum Center Drive, Suite 912

Irvine, CA 92618

714-714-7100

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