After a car accident or slip and fall accident, it is fairly common to get a
call from the other party’s insurance company. The insurance adjuster on the other end might sound friendly and say they simply want to get your side of the story. Such calls, however, raise the question of whether you are actually required to talk to the insurance company or if you can decline. The simple and short answer is: You are not legally required to talk to them. In this article, we’ll look at why talking to the insurance company for the other party or providing statements to them tends to work against your best interests.
You Don’t Have a Legal Obligation to Talk to the Insurer
The law does not require to talk to the other person’s insurance company. You have no policy or contract with that insurer. Their duty is to protect their policyholder, not you. While they may ask you questions that may seem like an objective fact-finding attempt, their primary goal usually is to limit the amount of money they pay you. So, it is important to understand that refusing to speak to the other side’s insurance company will not erase your claim. It simply means that you are choosing not to provide information directly to an entity whose interests may conflict with your own.
What Adjusters May Try to Do
The other side’s insurance company will typically want to speak with you because their job includes investigating claims, determining liability and minimizing payouts. When they call you, they may be looking to get you to make statements that reduce or shift blame. They may also try to lock you into a version of events before you fully understand the scope of your injuries and losses.
They may also attempt to record statements that can be used later to dispute your claim or even encourage a quick settlement even before you have a chance to evaluate the full extent of your damages and losses. Even comments such as “I feel fine” can be taken out of context. Adjusters may also ask leading questions that subtly steer you toward answers favorable to their client.
You are also not required to provide a recorded statement to the other side’s insurance company. Recorded statements can be replayed, transcribed and selectively quoted. If your memory changes as you learn more about the accident or as injuries become more apparent, the insurer may claim you are being inconsistent or dishonest.
Even when you do not talk to them initially, please remember that insurance adjusters can be very persistent. If they continue to call you, you have the right to:
• Politely decline to speak with them.
• Ask them to communicate in writing.
• Direct them to your personal injury lawyer.
What Are the Risks of Talking Without Legal Advice?
While you may think that cooperating fully with an insurance company will speed things up or make you seem more credible, it often backfires. Common risks of speaking to an insurance company without consulting your injury lawyer may include unintentional admissions of fault; downplaying your injuries before symptoms fully develop; and agreeing to a lower settlement without understanding future medical costs, etc. Once you accept a settlement, you usually waive your right to seek additional compensation — even if new injuries or expenses arise at a later date.
Contacting an Experienced Lawyer
If you have been injured in a car accident or slip and fall accident, consulting an
experienced New York personal injury attorney before speaking with the other side’s insurer is a crucial step in protecting your rights. If you have been injured as a result of someone else’s negligence (carelessness), you may be able to seek compensation for damages including, but not limited to, medical expenses, lost income and benefits, hospitalization, cost of rehabilitation, past and future pain and suffering, etc.
If you or a loved one has been injured in a car accident, slip and fall accident or
pedestrian accident, or if you have lost a loved one in an auto accident caused by a negligent (careless) driver, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. It is in the best interest of injured victims and their families in such cases to contact an experienced personal injury lawyer before contacting the people responsible for the injuries, and definitely before contacting or communicating with any insurance company, or their lawyers, investigators, or adjusters.
For over 54 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and $2,000,000 in a hit-and-run accident, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. We also recovered $1,500,000 for a lady who was hurt by a bus.
We also obtained $295,000 out of a $300,000 insurance policy in compensation for the victim of a bicycle dooring accident (where a car door opens into the path of a bicyclist). One of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases. Also, we got a $1,400,000 verdict in a motorcycle accident.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
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