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If you are involved in any sort of accident, contact your insurance company as soon as possible. Your policy should state within what time period you are required to report the accident to them. You should adhere to that deadline in order to avoid possible loss of coverage for the accident or raising suspicions of your motives for avoiding contact. Any discussion should consist of the basic facts of the accident (where, when, what happened), your medical records, if there were passengers with you at the time, and any witnesses present.
However, you should be wary if your insurance company instructs you not to contact an attorney, as that usually means they want to offer you a settlement they know is lower than what you could receive with a lawyer’s assistance. If you are concerned for any reason by your adjuster’s questions or behavior, such as if he insists upon recording your statements, you have the right to refuse to talk to him without your attorney.
When serious accidents occur, especially those involving permanent injury or death, the adjustor may try to get you to say things that will hurt your case under the guise of merely getting enough information to “settle things quickly.” If you are injured or traumatized, you may be confused and give statements immediately following the accident that you regret later on. If you are unsure of the insurance company’s motives, ask them to sign a letter admitting liability or promising to pay all your medical bills before you give your statement, or to at least show you a copy of their investigation file regarding your accident. Most will not comply, confirming that they are out to minimize what the insurance company owes you. That’s your cue to politely refuse to give any statements until you have retained a lawyer. It is also a good idea to caution any passengers that were with you at the time of the accident not to give statements without contacting your attorney first.
Talking to their Insurance Company
You should exercise reasonable caution when contacted by the other driver’s insurance adjuster. Often they will contact you right after the accident and pressure you for statements. The main thing the adjuster wants is to use your words to either reduce the liability of his customer or to increase his company’s claim against you. Retain a lawyer as soon as possible to talk to the other driver’s insurance adjuster on your behalf. Do not give a statement, either written or spoken, but rather politely redirect the adjuster to your lawyer for all future questions.
Insurance adjustors are trained to cajole you with promises of quick settlements and other maneuvers to get you to talk to them directly. Remember, they are not on your side; they are out to help their case and damage yours. Once you have told them your attorney is involved, they will not be able to contact you directly again.
Article presented as a courtesy of the auto accident attorney in Mesa, John C. Giles. Visit the site learn more about our personal injury attorney in Mesa.
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