Talking to insurance adjusters can be risky. These insurance company employees are the ones who typically decide whether or not to cover your injuries and how much your case is worth, so anything you say to them could be a deciding factor in your case.
When speaking with insurance adjusters, never exaggerate or lie about your injuries or the facts of your accident case, and do not volunteer additional information beyond what they ask about. Additionally, do not give them permission to access records. In fact, if you can avoid talking to them altogether, it is better to let your lawyer be the one to talk to them.
Reach out to our Austin, TX personal injury lawyers for help with your case by contacting Cap City Injury Attorneys at (512) 612-3110 today.
Should I Talk to Insurance Adjusters?
If you do not have a lawyer, you may have to talk to insurance adjusters to get your damages paid. However, you should be careful whenever you do talk to them and avoid saying anything that might be used against you or twisted to hurt your case.
If you are working with a Texas personal injury lawyer, you should not talk to insurance anymore. They should go through your lawyer for all communications, and you should not talk to the insurance adjusters. If they try to contact you anyway, you should tell them to go through your lawyer, then tell your lawyer about what happened.
What Not to Say to Insurance Adjusters
The following are six important tips about what not to say to insurance adjusters after an accident:
1. Do Not Admit Fault
Never tell the insurance adjuster that you think you were at fault, and never admit to doing anything wrong, like running a red light. Always stick to the neutral facts of what happened.
2. Do Not Lie
Always tell the truth when talking to insurance. If you lie, and they can prove it, it will hurt your credibility later if your case has to go to court. The judge and jury might not believe you if you were caught in a lie, and it can be harder to get damages.
Do not exaggerate either, as this might cross the line into lying without you realizing it.
If you do realize something you said was inaccurate, correct the statement and move along.
3. Do Not Volunteer Extra Information
Stick to the facts and questions the insurance adjuster actually asks you about. Do not volunteer extra information about what happened. For example, if they ask about your car accident injuries, only discuss injuries from this accident; do not discuss prior or preexisting injuries.
4. Do Not Give Medical Analysis
You are not expected to be a doctor. Even if you are actually a medical professional, try to take that out of the situation.
When discussing your injuries with the insurance company, only provide them with the facts of what happened. Your medical records and doctors’ reports can provide them with the details of the injuries.
5. Do Not Speculate
Only explain facts: what you saw, what you heard, what you experienced. Do not make guesses about the things you did not witness or things you do not know. If you don’t know the answer to a question, it’s okay to say that.
6. Do Not Agree to Anything
Insurance adjusters often try to get accident victims to waive rights, agree to recorded statements, give permission to access expansive medical records, or even accept a settlement. You should never agree to these things.
Always check with a lawyer before accepting any money or settlements.
Do I Have to Talk to the Insurance Company?
If you were injured, you may need to file an insurance claim to get compensation. You do not have to do this alone, and you can work with a lawyer. When you do, your lawyer can handle all communications with the insurance company, and you will not have to talk to them except when your lawyer is present.
Keep in mind that you may still have obligations to report your accident to your own insurance company, even if your lawyer is the one communicating with the at-fault party’s insurance.
FAQs for Dealing with Insurance Adjusters After an Accident
Do I Have to Answer the Insurance Company’s Calls?
Insurance adjusters usually call for three reasons:
- They need additional information.
- They are updating you about the claim.
- They are trying to get you to settle.
If you have a lawyer, insurance should not be contacting you directly. If you don’t, you may need to address these calls on your own or get a lawyer to help you.
Can the Insurance Company Record Me?
Most calls with insurance companies will be recorded. They may say this is for training purposes, but anything you say on the recording can be used against you.
Typically, it is seen as giving your permission to the recording if you continue to stay on the line after the warning tells you the call is being recorded.
Is it Illegal to Lie to the Insurance Adjuster?
Lying to an insurance adjuster can be considered insurance fraud and may land you with criminal charges. It is also likely to hurt your case if you are caught in a lie. Always tell the truth when speaking to insurance and courts about your injuries and their causes.
Can I Say “I’m Sorry”?
You should never say anything that could be interpreted as an admission of fault. There may be laws in place that stop “I’m sorry” from being used as an admission of fault, but it is best practice not to apologize or admit fault.
Can Insurance Use My Statements Against Me?
Anything you say to the insurance adjusters can be used against you. That means the insurance company can use your statements when deciding your claim, but they can also introduce your statements in court if relevant.
What is an Insurance Adjuster vs. an Insurance Agent?
An insurance adjuster’s job is to investigate claims, decide whether to accept/deny them, and decide payment amounts. An insurance agent is the one who sells insurance policies. After an accident, you deal with insurance adjusters and lawyers, not insurance agents.
Call Our Texas Personal Injury Lawyers Today
For a free review of your injury case with our Leander, TX personal injury lawyers, call Cap City Injury Attorneys at (512) 612-3110.