When What You Say Is Used Against You After An Accident
If you ended up injured in a car accident through no fault of your own, you may be surprised by a phone call. Though the caller seems friendly, this is no welfare check from friends or family. Read on and find out why you should be extremely wary of the adjuster recorded phone call.
Catching Victims Off-Guard
The timing of this call is key. When the other driver's insurer discovers that their client is very likely liable for the accident, they act quickly to stave off any further legal actions. That means you could get a phone call a few days after the accident – before you've had a chance to recuperate. The time after an accident can be confusing and stressful for victims but this phone call is not just another irritating call about the accident. You can seriously jeopardize your chances for compensation if you say the wrong thing.
Take Action and Be Aware
If you know what to expect when this phone call comes, you can be prepared. Here is what to know and how to handle things:
1. The caller, who is probably an accident adjuster for the other side's insurer, is always polite and interested in your health and well-being – or so it seems. Don't be fooled, they are an employee of a for-profit business, and keeping losses to a minimum is their primary function. Once you are comfortable, the problems begin.
2. It's not uncommon for victims to be told that the call is to discuss how and when a settlement check is to be sent. The sum mentioned may sound tempting, but few victims understand how much they should be offered. You don't have to speak to the adjuster in order to be paid compensation and you don't have to accept a check that is inadequate.
3. Common issues some victims encounter when speaking to an adjuster that can damage a personal injury case are:
- You admit that you might be partially at-fault for the wreck. Never admit this to anyone but your personal injury lawyer.
- You express regret about the accident and sympathy for the other driver. That might be enough to lend doubt as to the cause of the accident.
- Your summary of how the accident happened differs a bit from what you told medical personnel, law enforcement, and others. Any variation in your story could be seen as dishonesty.
- You ramble on and theorize, make guesses, and speculate about important issues like your medical condition and your damages.
The best way to ensure that you don't make a mistake with this phone call is to ignore it. You are not required to speak to the adjuster for the other side and your personal injury attorney can deal with the insurance company for you. Speak to a car accident attorney to find out more.