Why You Shouldn’t Speak With the Opposing Driver’s Insurance Company
Getting into an auto collision is never ideal. Statistically speaking the average American will be involved in a car accident at least once in their lifetime. The majority of these are non-fatal accidents that result in only minor injuries and minimum damage to the vehicles. People oftentimes are caught off guard by an automobile accident and do not know how to deal with the situation.
This is particularly true when it comes to dealing with insurance adjusters. At Harris & Harris Injury Lawyers, we have the experience and knowledge when it comes to advocating for car accident victims. Here are some tips when you’re dealing with an insurance adjuster.
#1 Do Not Speak to an Insurance Adjuster Without Legal Representation
This is the one and only piece of advice that we cannot stress enough. You need to be aware of the relationship between the opposing driver’s insurance company and you. Their motives are strictly driven by the money they will save by not having to pay out for your auto accident claim, no matter who is at fault. Here are some recommendations if you do speak to an insurance adjuster without first getting legal representation.
Gather Information About the Caller
Identifying the person on the other end of the call is the first step. Getting the correct name, address, phone number, insurance company they work for, and reason they are contacting you. Ask them if this call is being recorded and for what purpose. Make sure you have a pen and paper to take notes. Do not assume you will be able to remember the conversation without documenting the call. These callers are trained to confuse victims into giving evidence that will weaken or void their accident claim.
Don’t Give Details About the Accident
The insurance adjusters will ask you for details about the accident but their real agenda is attempting to get you to admit to incorrect details which are admissible in court. You should tell them that you will be providing no details about the accident until you have consulted with an auto accident attorney. They may become aggressive in their attempt to get you to talk about the details of the accident. Sometimes they will try to emotionally engage with you in order to get what they want. Don’t take the bait, just calmly refuse to answer and hang up the phone.
Don’t Give Injury Updates
Similar to the insurance adjuster’s attempt at getting details about the accident, they will try and extract information about the injuries you sustained in the accident. They are trained to come across as compassionate and caring, in an attempt to get the victim to let their guard down. This is a common trick in the car insurance industry, often used to put a cap on the injuries that you can claim for.
It will hinder your chances of filing claims for injuries that have not appeared yet (like emotional distress damages) or for injuries that you forgot to mention. As highly experienced injury attorneys in Las Vegas, we would strongly advise you to hang up the phone and let us deal with the Insurance adjusters for you!
Refuse Recording Permission
The claims adjuster will ask if they can record the call in order to help you later on in the process. This is a lie and it is designed to record you giving inaccurate information that will hurt you later on. Fortunately Nevada is a two-party consent state so you have to provide permission for any recordings to be admissible in court.
Don’t Agree To Settle Your Case
The last harmful trick in a claim adjusters book is to settle without any legal representation involved. This happens when they have decided through their own investigation that their client was at fault. Once an insurance company is sure that their client is at fault, they will do everything in their power to avoid paying the full amount for damages. Instead they will try to get the victim to settle by telling them that they have no chance in winning the case, and that their best choice is to take the settlement. This settlement figure is generally well below what they perceive will be awarded if your case goes to court.
Hire An Experienced Attorney
Dealing with the opposing driver’s insurance adjuster is one of the common mistakes car accident victims make, and it can lead to losing a personal injury case that they should have won. To be safe we would advise that you do not speak with them without first hiring an experienced Las Vegas attorney. At Harris & Harris Injury Lawyers, we will walk you through the entire claims process and protect you from claims adjusters. For a free consultation call us now at (702) 384-1414.