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A car accident can be traumatic and stressful. While a million things are running through the mind of a person who has just experienced an accident, insurance is often at the forefront. However, the insurance process can be complex and contain potential pitfalls.
When involved in a car accident, it is important to understand how insurance adjusters operate and how to protect your rights. Because insurance adjusters work for the insurance company, they often receive training and instruction for minimizing claim payments. If you are pursuing claims for car damage, property loss, or injuries, those will be considered and paid by insurance companies.
Insurance companies will often contractually obligate their customers to cooperate in the case of a claim. Although you must communicate with your insurance company, you can remain careful while protecting your rights. In contrast, when communicating with the at-fault driver’s insurance company, there is no obligation to provide written or recorded statements. However, maintaining communication is important, as claims won’t be paid without it.
Carl Nagel, Nagle & Associates, is a experienced car accident injury attorney in Raleigh, NC who regularly handles car accident cases across North Carolina, has provided advice about this process.
“Claims adjusters challenge every case, and they won’t simply volunteer full payment or help to find reasons to pay victims more money,” the attorney states. Most car accident lawyers offer free consultations, allowing victims to understand their rights and options without financial obligation. “If the lawyer tries to charge for that time, hang up and try another firm,” the attorney advises.
While accident attorneys remain an option, many people choose to handle their own car accident cases without legal representation. According to attorney Carl Nagel, here are the top ten things to avoid when speaking with an insurance adjuster after an auto accident:
1. Admitting fault
It is strongly advised never to admit fault or apologize for the accident. Rather than admitting fault, providing a straightforward account of what happened is better. Determining liability is complex and involves various factors. Insurance companies handle this process, deciding faults and paying claims accordingly. In some states, being slightly at fault (even just 1%) can lead to a complete denial of your claim.
The chaos and stress experienced directly after an accident can make it difficult for people to remember this advice. However, articulating a clear account of the incident can be crucial for acquiring a fair settlement as the dust settles. The experienced injury attorney notes that “protecting your legal rights early may help you avoid losing an otherwise valid and valuable personal injury case.”
2. Providing a recorded statement
Requests for recorded statements can be problematic for your claim. “In most cases, this means they believe you were at least partially at fault,” explains the attorney. The goal is often to obtain a recorded admission that could damage your compensation rights. If presenting claims against another driver’s policy, there is no obligation to provide a recorded statement.
3. Speculating about the accident
When reporting, it is best to stick to the facts about the accident you know. Avoid making speculative statements about the cause of the accident. Guessing or making uncertain statements can conflict with other evidence or police records. “Speculation can cause you to make statements that you may not agree with later,” warns the attorney.
4. Discussing injuries in detail
When considering claiming an injury associated with the accident, it is important to note that adjusters may attempt to minimize injury claims. It’s best to give a general overview of injuries rather than detailed information, especially if serious injuries are involved.
“Many people don’t understand medical terminology and often understate their injuries,” says the attorney. Waiting until a comprehensive medical evaluation can help determine that all injuries are properly documented, especially as some injuries might worsen over time. Early statements suggesting little or no injury could be used against your claim later.
5. Accepting the first settlement offer
While a settlement offer may feel like the end of your claim, this does not need to be the case. Initial settlement offers, known as “cashouts,” are usually low and rarely reflect the true value of a claim. “Adjusters know that victims without a lawyer intend to settle, and they offer less money because they know the unrepresented victim does not intend to file suit or conduct a trial,” shares the attorney.
6. Sharing too much personal information
When communicating with a claims adjuster, keeping the conversation focused on essential details is best. “Oversharing can lead to irrelevant details being recorded by the adjuster and used against you later,” cautions the attorney. As you answer the adjuster’s questions, focus on providing brief and direct responses.
7. Agreeing to quick settlements
Insurance adjusters may push for quick settlements. While this can be acceptable if there are no injuries, it can sometimes be a tactic to close cases before the full extent of injuries is known. “It is vitally important that you ensure all your injuries and damages are fully understood before agreeing to any settlement,” the attorney emphasizes.
8. Signing documents without review
As a claims case moves forward, documentation and paperwork will require signatures. Signing a document before fully reviewing its implications can be a costly mistake. Always read documents thoroughly before signing and have any uncertainties or questions clarified.
9. Discussing conversations with your lawyer
Confidentiality laws protect attorney-client communications. “If you have a lawyer, you should not be talking with any claims adjusters. Your lawyer should handle all of those communications for you,” the attorney emphasizes. Even in conversations with friends or family, keeping discussions with your lawyer confidential is crucial to maintaining your case’s integrity.
10. Being confrontational
Maintaining a calm and diplomatic approach can be beneficial. “Being nice and diplomatic actually helps your case,” notes the attorney. Adjusters may offer higher settlements if they believe a jury would sympathize with you. In contrast, hostility could lead to reduced offers and a more aggressive stance from the adjuster.
What to know in the case of an accident
Individuals can protect their rights and potentially increase compensation by avoiding these common mistakes and taking caution in all dealings with insurance adjusters. Car accidents bring financial challenges in addition to associated stress and injuries. Because of this, it is important to avoid these common pitfalls during the claims process. While a car accident can feel like a chaotic and disempowering event, using a knowledgeable and clear approach to your insurance claims can help mitigate some of the impact it has on your life and reclaim your control.
