Dealing With an Insurance Adjuster: What NOT to Say

If you were in a Texas auto accident, you might find yourself dealing with an insurance adjuster at some point. The best course of action is to let a personal injury attorney guide you through any and all correspondence. That’s because many things can go wrong during a discussion with the adjuster.

Every year, auto accident injuries are on the rise in Texas. If you or a family member were injured due to someone else’s negligent behavior, give us a call today. We will use our free consultation to fill you in on your legal rights and options.

What is an Insurance Adjuster?

After a car crash, insurance adjusters are responsible for the following:

  • Investigating the accident
  • Determining liability
  • Calculating claim values
  • Negotiating settlements

Like everyone else, insurance adjusters are just doing their job. But it is important to remember when dealing with an insurance adjuster that they work for the insurance company. As such, adjusters might have a motive to delay, minimize, or deny your claim. An auto accident attorney has years of experience dealing with insurance adjusters, and they know how to avoid common mistakes.

Dealing with an insurance adjuster - Bad Faith Insurance

What NOT to Say When Dealing With an Insurance Adjuster

Don’t Admit Fault

An adjuster can and will use the things you say against you. The hours and days following a crash can be confusing, hectic, and stressful.  If you say something to indicate fault, the adjuster can use this to prove you are responsible for injuries and damages. Even something as simple as “I’m sorry” can negatively impact the outcome when dealing with an insurance adjuster.

Your admission of fault, or perceived admission of guilt, is an easy reason for an insurance adjuster to deny your claim. That’s why it’s always best to consult an attorney before you talk to an adjuster, whether in-person or on the phone.

Avoid Speculating About the Accident

Stick to the facts that you know. Avoid attempting to fill in gaps or speculate on what might have transpired. Speculating about the accident can potentially harm your claim.

It might seem innocuous to fill in the gaps with what you believe might have happened, but any speculation on your part is likely to be used against you by the insurance company. Stick to providing factual information that you are certain of and do not venture into hypotheticals or conjecture.

Remember, the adjuster’s role includes investigating the accident, so let them do that job. If you don’t know or can’t remember certain details, it is perfectly fine to say so. It’s preferable to be honest about what you don’t know than to speculate and risk misrepresenting what actually happened.

Avoid Making Off-the-Record Comments

It may be tempting to believe that informal or “off-the-record” comments to an insurance adjuster will not impact your claim. However, it’s essential to remember that there is no such thing as “off-the-record” in these situations. Anything you say to the adjuster can be used as part of their claim evaluation. You should always assume that all conversations are being recorded and can be used against your claim.

In light of this, it is crucial to maintain professionalism and stick to the facts of the incident at all times when interacting with an adjuster. Notably, avoid making casual or offhand remarks about the accident or your injuries, as these comments can be misconstrued and used against you.

Don’t Agree to Sign a Medical Release

While it might sound harmless enough to give an adjuster access to your medical history, doing so can cause problems. An adjuster can argue that your medical history suggests pre-existing conditions or that your injuries are unrelated to your accident.

Auto accident victims should always be careful when dealing with an insurance adjuster and signing a medical release. A skilled car crash lawyer can guide you every step of the way so you don’t sabotage your claim and lose out on compensation.

Avoid Discussing Your Injuries in Detail

Discussing your injuries in detail when dealing with an insurance adjuster may seem like the right thing to do; after all, they need to understand the extent of your injuries to evaluate your claim, right? However, it’s crucial to avoid getting into details about your injuries, especially soon after the accident. This is because your understanding and the full scope of your injuries can evolve as doctors continue to diagnose and treat you.

Some injuries may not manifest symptoms right away, or the full impact of your injuries on your day-to-day life may not be immediately apparent. Instead, let your attorney handle these discussions with the insurance company. This will ensure that your claim accurately reflects the full extent of the damage and the impact on your life, potentially leading to a more equitable settlement.

Don’t Agree to the First Settlement Offer

One common mistake that car crash victims make when dealing with an insurance adjuster is agreeing to the first settlement offer. But it’s important to remember that the first offer is almost always a bare minimum. Insurance companies do not want to pay out on large claims, so they tend to minimize what they are willing to pay, if anything.

While it might be tempting to take any amount of money, accepting an offer out of desperation is never a good idea. With a personal injury lawyer at your side, you can maximize your settlement, reject lowball offers, and get the compensation you deserve.

Don’t Give a Recorded Statement Without An Attorney

Giving a statement about your accident or injuries might seem straightforward when dealing with an insurance adjuster. Unfortunately, comments can get away from people and quickly get them in trouble. In your stress or confusion, you might say something that makes your injuries sound less severe. Or, you might make a statement that sounds like you are admitting fault.

The best course of action is to consult with an attorney before giving any kind of recorded statement. Thompson Law personal injury lawyers have years of experience helping victims prepare for discussions. Together, we can ensure the best possible outcome for your case.

Don’t Badmouth the Other Driver

Discussing a recent car crash can unleash many emotions. When people are injured and stressed, it is understandable that they might become angry, frustrated, or impatient. Unfortunately, getting aggressive with an insurance adjuster or badmouthing the other driver won’t win you any points.

Statements made in anger can ruin your claim. But an auto accident lawyer will help you mentally and emotionally prepare for each step of the process. Using their knowledge and expertise, your attorney will help you anticipate potential challenges, obstacles, and difficulties along the way.

Talking to Insurance Adjusters: A Texas Auto Accident Lawyer Can Help

There are many things you should not say to an insurance adjuster. For this reason, it is always best to hire a personal injury attorney who can guide you through every step of the process. Car accident cases can be complex, even when the situation seems straightforward and obvious to the victim. Don’t allow one simple mistake to derail your claim.

If another driver’s negligence caused your injuries, you are not stuck with outrageous medical bills and expenses. Our auto accident attorneys will work toward a fair settlement that compensates for medical bills, pain and suffering, and lost wages.

Call us today for a free consultation so we can discuss your legal rights and options. There’s no fee unless we win.

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What-Should-I-Do-After-a-Car-Accident-Dos-and-Donts

 

Car Accident Lawyer FAQ (Frequently Asked Questions)

Should I Talk to an Insurance Adjuster After My Car Crash?

Before talking to an adjuster, you should always consult with an auto accident attorney. Having a lawyer at your side can help you avoid damaging or sabotaging your case. Unfortunately, missteps and mistakes can completely derail your settlement. Getting confused or saying the wrong thing can leave you empty-handed.

Can You Argue with an Insurance Claims Adjuster?

Talking about your car crash can be stressful and upsetting. But it is never a good idea to argue with an insurance adjuster. Negotiating, on the other hand, will probably be necessary. Your auto accident lawyer will help you negotiate well. These negotiations might include rejecting a low offer, having a settlement amount in mind, and immediately confirming agreed terms in writing.

Do I Really Need a Lawyer for a Personal Injury Lawsuit?

Yes. A car accident lawyer has extensive experience with insurance companies and personal injury law. When you’re recovering from a crash, the last thing you want to do is deal with adjusters trying to give you a lowball offer or deny your claim outright.

What Are Some Common Causes of Car Accidents in Texas?

Common causes of car accidents in Texas include drunk driving, texting or talking while driving, speeding, tailgating, and aggressive driving or road rage. While drivers are often tempted to multitask, even a few seconds of distraction can cause a serious or even fatal crash.

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