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If you happen to get in a car accident, it’s more than likely that at some point, you could end up talking to a claims adjuster, also called an insurance adjuster. An adjuster is someone who works for an insurance company. They investigate insurance claims.
They will probably interview the claimant and the witnesses to what happened. They will consult police records, hospital records, and they’ll inspect property damage. They are trying to ascertain how much it’s appropriate to offer you if they determine the insurance company’s client caused the accident.
You should remember that an insurance adjuster is working against you. They are trying to get the insurance company to pay as little as possible to you every time. In light of this, we’ve compiled a list of things that you should never say to a claims adjuster.
Don’t Ever Admit that What Happened Was Your Fault
If a claims adjuster calls you on the phone for a statement, it’s fairly likely they are calling on behalf of one of the large companies you see advertising on TV. Geico, State Farm, Progressive, and Allstate dominate the market. Geico alone has accumulated $41 billion in assets, making them a formidable powerhouse in this area.
The adjuster will call and ask you what happened. When you tell them, you should never admit that any part of what occurred was your fault.
They might try to record what you’re saying, so they can use it later if you feel like their settlement offer is not enough. If you attempt to take them to court to get more money for your medical bills, lost wages, physical therapy bills, etc., they will use that recording against you.
Wait for an official investigator to prove whose fault it was. There might be mitigating circumstances or unknown factors at play that you could find advantageous.
Don’t Agree to Make a Recorded Statement
When the adjuster calls you, they will probably ask if they can take a recorded statement from you. You don’t have to say yes, and it’s actually far better if you refuse.
This way, they cannot take that recorded statement to use against you in court. Even if you didn’t admit to wrongdoing, they might nitpick the statement to indicate that you’re changing your story in small ways.
They will suggest to a jury that you’re trying to alter your event version. That can work against you, and you can avoid it by never agreeing to the adjuster recording you in the first place.
Don’t Accept the First Settlement Offer
The adjuster might also make you an offer the first time you talk to them. You can be sure that’s a lowball offer every time and not worth what you can probably get for the claim.
Again, it’s the adjuster’s job to give you as little money as possible. Insurance companies are for-profit businesses. They try to keep as much money as they can, and that means paying out as little as possible.
If they can get you to agree to taking a smaller amount, even over the phone, that will hurt you later if you determine your claim is worth more. If you hire a lawyer and take the insurance company to court, they will tell you the same thing. Never agree to an offer that comes early on in this process.
Don’t Speculate About What Happened
When an insurance adjuster calls you, they’ll want to keep you talking as long as possible about the accident. They’ll want you to speculate about the conditions that led to it, the other driver’s state at the time, etc.
You should stick to a simple, straightforward story version without embellishing or giving any unnecessary details. If you speculate, those statements can hurt your case later, particularly if some of the things you said turn out to be way off base.
Your answers should be concise. If you don’t know a question’s answer, say that.
Don’t Talk About Your Injuries
You should also not talk to the adjuster about your injuries at all. If you say the other driver injured you in a certain way, the insurance company might use that as precedent later that dictates how much money they should give you.
This can be problematic if you later determine that the other driver injured you worse than you first thought. Don’t speak about the injuries at all. Let your lawyer talk about those if you go to trial.
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