Question:
I hit by a car. The other driver’s insurance adjuster keeps calling me. Should I talk to her? Should I first talk to a lawyer?
Answer:
If you were hurt in the auto accident and are going to pursue an injury claim against the other driver, you should not talk to that driver’s insurance company. The adjuster keeps calling you because she wants to get to you before you hire a lawyer. Once you hire a lawyer, the adjuster is not allowed to call you. The adjuster wants to extract information from you which the insurance company can use against you to later justify a low ball settlement offer.
What the adjuster wants from you:
- The adjuster wants your recorded statement. They want to lock you in on your version of the accident. If you deviate from that statement later, they will use it against you. Example: In a recorded statement taken one day after the accident, the adjuster asks you about your injuries. You only mention neck and back pain. Months later, you are diagnosed with a wrist injury resulting from jamming your wrists against the steering wheel when you were rear-ended. You need wrist surgery. The adjuster will take the position that the wrist injury is not accident-related because you did not mention wrist pain in your recorded statement.
- The adjuster wants to ask you about your medical history, prior accidents, and prior injury claims. A lawyer would never allow you to answer these questions. They are an invasion of your right to privacy. The adjuster’s goal is to use your medical history against you by claiming prior injuries or medical conditions are the cause of the injuries you are claiming from the car accident.
If the accident just happened and you are not sure if you are going to make an injury claim, play it safe and run it by lawyer. Make sure to talk to an experienced personal injury attorney about your car accident. All personal lawyers provide free consultations, so you have nothing to lose. Even if you decide not to pursue an injury claim, or do pursue an injury claim, but without legal representation, a lawyer will give you free advice on what to do and what not to do.