If you were recently involved in a car crash, expect a phone call from the at-fault driver’s insurance company in the near future. The adjuster will likely sound friendly, empathetic, and impress upon you that they “just want to help.” Their true goal, however, is to gather soundbites that can be used down the road to devalue the claim you have against their insured driver. While it is perfectly acceptable to be polite and respectful when an adjuster calls you, it is crucial to understand that worrying about social niceties in this context can be legally dangerous.
The “How Are You?” Trap (Why “I’m Fine” Is Dangerous)
Typically, one of the first things an insurance adjuster will ask is “how are you doing?” This seems like a harmless, even kind, question, but you must be extremely careful how you answer it. We are all accustomed to answering with “I’m fine” or “I’m doing o.k.” when asked how we are doing, regardless of how we truly feel. Telling an insurance adjuster that you are “fine,” however, can be used against you if you file a claim for your injuries. Keep in mind that your conversation is being recorded, and the insurance company will undoubtedly argue that your injuries were not serious if you were feeling “fine” just days after the accident.
The I’m Sorry Reflex (Accidental Admission of Fault)
Whether you were born and raised in Mississippi or are a new transplant to the state, it is impossible to miss the southern manners displayed by Mississippians. We are naturally polite and welcoming to friends, neighbors, and even strangers. When dealing with an insurance adjuster, however, that southern politeness can be misinterpreted as an admission of guilt. Saying “I’m so sorry” — words meant to apologize for the adjuster’s inconvenience – will likely be twisted by the insurance company to mean that you accepted responsibility for the collision.
Speculating on Crash Details (Don’t Guess)
During a conversation with an insurance adjuster, you may be asked specific questions intended to elicit details about the crash. Unless you are 100 percent certain about the answer, do not give one. Simply answer, “I don’t know.” For example, you may be asked how fast a vehicle was driving, how far apart two vehicles were, or how long it took for a truck to stop. It is human nature to want to be helpful, which leads to guessing when you are unsure of the answer. To protect your claim, it is important that you curb the urge to guess and simply say, “I don’t know.”
The Request for a Recorded Statement
When the (seemingly) nice insurance adjuster calls you to “check on you,” they will likely ask you for a statement regarding the accident. They will make this request sound like it is just standard operating procedure, something “for the file.” They will also typically slip in that your statement will be recorded, also couching this in terms that make it sound like they are trying to protect you. You are not legally required to give a recorded statement to the other driver’s insurance company. In fact, if you do agree to provide a recorded statement, there is a very good chance that something you say during that statement will be used against you down the road. A comment will be taken out of context and used to argue that you admitted fault or a small inconsistency between the statement and your testimony in court will be used to insinuate that you are lying.
The Blanket Medical Authorization Form
Shortly after making a claim, the at-fault driver’s insurance company will usually send you forms to sign, including a medical authorization or release form. The adjuster may tell you that they need access to your medical records to avoid delays in processing your claim or to authorize medical treatment. While that may be true, they do not need access to your entire medical history, yet the form they send you may cover access to all your medical files. What they are really doing is looking for pre-existing conditions that they can use to try and deny or devalue your claim.
The “Quick Check” Settlement Offer
Another common insurance company tactic is to offer an injured victim a token amount to settle the claim shortly after the crash and before the victim has time to adequately evaluate their injuries. To an injured victim who is missing work because of the accident, a check for $1,000, or even $5,000, sounds like a lifesaver. Your claim, however, may be worth much more than what they offer you. They are hoping that you will accept the money offered because once you sign the attached settlement agreement, your claim is over. You cannot go back and ask for more money, even if you later discover serious, costly, injuries.
The Ultimate Shield: “Talk to My Lawyer”
The safest way to navigate a telephone call from an insurance adjuster following a car crash is to say nothing at all. Once you have hired the team at Mama Justice, we will do the talking for you. Moreover, the insurance adjuster is legally required to stop calling you and speak only to your attorney if you have legal representation.
Contact the Team at Mama Justice
The bottom line is that an insurance adjuster works for the company’s shareholders, not for the injured victims. It is their job to try and avoid paying claims or to decrease the value of claims. To protect your rights to a full and fair settlement, you must start by protecting your words so they cannot be used against you. Hand over the phone to Mama Justice, so our legal team can handle the adjusters while you focus on healing.
