When speaking with a claims adjuster after a car accident or slip and fall, it’s important to approach the conversation strategically. Doing so, protects your interests by avoiding certain statements and actions that could negatively impact your claim. Here are some key issues you should avoid without first seeking the advice of an experienced personal injury lawyer:
1. Do Not Admit Fault or Liability: Avoid making any statements that could be interpreted as admitting fault or liability for the incident. This includes statements like “I’m sorry” or “It was my fault.” Such admissions can be used against you during the claims process or in court.
2. Do Not Provide Incomplete or Inaccurate Information: Ensure that any information you provide is accurate, complete and truthful. Misleading or false statements can harm your credibility. So, be honest.
3. Do Not Discuss the Extent of Your Injuries or Damages Until You Finish Treating With Your Medical Provider: Avoid making definitive statements about the extent of your injuries or damages until you have a complete understanding of the extent of your injuries and disability, often after consulting with a medical professional and/or your personal injury lawyer. Do not downplay your injuries. Premature statements may impact the amount of the settlement you receive for your injuries.
4. Do Not Make Statements While in Shock or Distress: Avoid making statements or negotiating settlements while you are in shock or serious mental or emotional distress. Insurance adjusters are ethically bound not to do so if these circumstances are present. Such statements may not reflect your true situation and can be disadvantageous:
(i) An adjuster shall not attempt to negotiate with or obtain any statement from a claimant or witness at a time that the claimant or witness is, or would reasonably be expected to be, in shock or serious mental or emotional distress as a result of physical, mental, or emotional trauma associated with a loss. The adjuster shall not conclude a settlement when the settlement would be disadvantageous to, or to the detriment of, a claimant who is in the traumatic or distressed state described above.
See: 69B-220.201. Ethical Requirements for All Adjusters and Public Adjuster Apprentices.
5. Do Not Discuss Your Case with the Adjuster if You Have Legal Representation: If you have an attorney, direct the adjuster to communicate with your attorney. This ensures that your legal rights are protected and that you do not inadvertently harm your case:
(3) Code of Ethics. The work of adjusting insurance claims engages the public trust. An adjuster shall put the duty for fair and honest treatment of the claimant above the adjuster’s own interests in every instance. The following are standards of conduct that define ethical behavior, and shall constitute a code of ethics that shall be binding on all adjusters:
(g) An adjuster shall not negotiate or effect settlement directly or indirectly with any third-party claimant represented by an attorney, if the adjuster has knowledge of such representation, except with the consent of the attorney. For purposes of this subsection, the term “third-party claimant” does not include the insured or the insured’s resident relatives.
(2) Violation.
(a) Violation of any provision of this rule shall constitute grounds for administrative action against the licensee.
(b) A breach of any provision of this rule constitutes an unfair claims settlement practice.
See: 69B-220.201. Ethical Requirements for All Adjusters and Public Adjuster Apprentices.
6. Do Not Agree to a Recorded Statement Without Legal Advice: Be cautious about agreeing to provide a recorded statement. These statements can be used against you, and it is often advisable to consult with an attorney before agreeing to such requests.
Read: Does An Insurance Adjuster Want to Record Your Statement about an Accident or Injury?
7. Do Not Accept the First Settlement Offer: The first settlement offer from an insurance company is often lower than what you may be entitled to for your injuries. You should evaluate the offer with the assistance of an experienced personal injury lawyer.
Related:
Abusive Insurance Adjusters – Leveling The Playing Field
5 Things You Should Know About Car Insurance Adjusters When You Have A Car Accident Claim
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Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.
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