Once you get checked out in the hospital or by your doctor the reality of your situation begins to set in – you’ve been injured in an accident that was not your fault. Some time later you get a call from the other driver’s insurance company. They want to talk to you about the accident. Perhaps they want to take a recorded statement. You think “what could be the harm of talking to them” and you take the call.
BAD IDEA!
But why is it a bad idea to talk to the insurance company? The accident clearly wasn’t your fault. You really were hurt – you aren’t making up your injuries. All you want to do is tell the truth and seek a fair recovery for your injuries. What could be the harm?
The problem is this: When you have a claim against an insurance company, they have one and only one objective – to pay you as little money as possible. If they can get away with paying you nothing, they will do so. If they can force you to accept a fraction of what your claim is worth, they will do so. They have ABSOLUTELY NO INTEREST in your well being or in your making a fair recovery for your injuries. They are beholden to nobody but their shareholders, who are seeking maximum profit.
The other problem is this: They are very good at what they do. Claims adjusters are evaluated by how little money they pay out on their claims. The best ones (who pay out the least) get large bonuses and promotions. It is their full time job to find reasons not to pay you a fair amount for your injuries. You on the other hand, likely already have a full time job, as well as family obligations. On top of your usual responsibilities, you are dealing with an injury and the pain, stress and medical appointments that go along with it.
So what does all of this have to do with speaking to the insurance company? It’s simple. They will use anything you say against you. They will ask confusing questions and if they don’t like your answers, they will ask the same questions in different ways. They will ask questions about irrelevant past events and attempt to use them against you. They will suggest that you have a duty to provide them with access to your medical records, your employment records and other confidential information. If you provide this information, they will comb through it for ammunition to defeat your claim. They are not interested in truth or fairness. They are interested in defeating you and forcing you to walk away with nothing. They don’t care that you really were injured and it was the other driver’s fault. To them, that is irrelevant.
So how can an attorney help?
- An attorney knows that you are not required to make a statement to the other driver’s insurance at all. If he or she agrees to do so, it is only because it will likely help to bring the claim to a favorable outcome.
- An attorney knows what you are required to share and what is private. The other driver’s insurance company has no right to rummage through your past medical and employment records at this point in your case.
- Finally, a good attorney has your back during the recorded statement. If the claims adjuster asks unfair, confusing or improper questions, an attorney can protect your rights, clarify the question, or even put a stop to the whole interview.
In short, an attorney knows what your rights are and how to protect them.
Having an attorney present during any interaction with the insurance company doesn’t guarantee a favorable outcome. But it certainly limits the insurance company’s opportunities to take advantage of you, and makes it more likely that the truth will ultimately prevail.
If you have any questions about speaking to an insurance company after an accident, or any aspect of a personal injury claim, please visit our website for more information or send me an email: matt@dubinlawoffice.com
