Source: Sally Morin Personal Injury Lawyers
The insurance adjuster seems to offer a friendly voice of reason after your stressful car accident. They call you to chat about the details at a time when you’re hoping to receive an insurance payout and move on with your life.
Not so fast! The insurance adjuster isn’t your friend. Their goal is to press you for information, use your own words against you, and find ways to minimize your claim.
Insurance companies prefer to pay as little as possible for covered accidents. You could inadvertently say something to an insurance adjuster that harms your case, so avoid saying the following things.
“It’s All My Fault”
Never admit any level of fault to an insurance adjuster and don’t apologize for what happened. Admitting fault can harm your case by either preventing you from winning your claim entirely or lowering the total value of your accident claim.
California is a comparative negligence state, which means each party’s level of blame will be evaluated and compared. If you admit some level of fault, your accident compensation will be reduced by your proportion of responsibility.
“I Guess …”
Don’t speculate, make guesses, or share assumptions about what happened. When you’re asked a question, give short answers that focus on the basic facts of the accident.
Similarly, don’t provide extra details that aren’t necessary. In a discussion about the speed limit on the road at the scene of your accident, don’t volunteer whether you were speeding or guess what it says in the police report.
Also, don’t get lured into a casual discussion about your personal life, like whether you enjoy taking road trips or being part of a car club. Any details you provide could be twisted and used against you later.
“Everything is Okay”
Don’t tell the insurance adjuster that you’re feeling fine or everything is okay now. Even if you feel the urge to downplay what happened so you can move forward from the accident, keep in mind that the insurance adjuster will take this as an admission that you were never injured and might even accuse you of making a false insurance claim.
You’re also not obligated to describe your injuries or give an update on your medical progress. The details of your medical situation can be kept between yourself and your doctor until you work with a lawyer to create a demand letter for the insurance company.
“My Social Security Number is …”
In California, you are not required to give an insurance adjuster your social security number. Maintain tight control of your personal data and refuse to provide details unless you’ve already cleared it with your lawyer in advance.
“Yes, You Can Record This”
Don’t allow a taped recording of your discussion with the insurance adjuster. It’s your right to decline a recorded statement and the insurance company is not permitted to decline your claim simply because you refused to be recorded.
“I Agree” or “I Accept” or “I Will Sign”
Never agree to anything, say you accept any terms, or sign anything until you talk to a California car accident lawyer about your case. This could sacrifice your rights and stop your case in its tracks, making it impossible to build a high-value insurance claim.
“I Don’t Have a Lawyer”
Perhaps the biggest mistake of all would be to handle your case without a lawyer’s help. Although it’s within your rights to manage your case alone, we don’t recommend it.
Insurance companies typically make lower offers to car accident victims who don’t have legal representation. They assume your costs will be lower and hope that you don’t have the legal knowledge to demand everything you deserve.
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