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After a car crash, you may receive multiple phone calls from the other side’s insurance company seeking information about the accident and your injuries. However, talking to the insurance adjuster after an auto accident is typically a bad idea. While you may want to be helpful and provide details about the accident that you think are useful, it’s important to understand that anything you say can be used against you to devalue your claim. Below are several critical reasons why you should avoid talking to the insurance adjuster after a collision.
When talking to an insurance adjuster, it’s essential to keep in mind that it’s their job to minimize your payout. They are trained in using psychological tactics and communication strategies to get you to admit fault for the accident. They may request a recorded statement, ask a series of rapid fire questions that are designed to confuse you, or ask leading questions that imply you were at fault. Since they often call immediately after the accident, they may catch you off guard while you are still in shock or in pain.
Anything you say when talking to an insurance adjuster can be used against you. They will listen for any phrases that could be used as an admission of fault to deny your claim. Even making a statement such as “I didn’t see the other car coming” or “I’m not hurt” can harm your claim. You also shouldn’t speculate or guess about speed, distance, or the sequence of events if you communicate with the adjuster. If the evidence is contradictory to your statement, it can significantly weaken your claim.
One of the most common tactics an insurance adjuster will use to minimize your payout is pushing you to accept an early settlement. By securing a settlement before the full extent of your injuries are known, the insurance company can reduce the amount of compensation they will need to pay you. Adjusters know that many injuries can take weeks or even months to fully develop. Rushing you to accept a settlement can allow them to pay for fewer medical costs rather than extensive treatment.
In addition, when you accept and sign a settlement, you are typically waiving all legal claims you would have had against the insured. In other words, you are foregoing your right to sue and ask for additional compensation. Permanently closing your claim early before litigation arises can substantially reduce the insurance company’s financial exposure.
There are often multiple factors that contribute to a car accident. Because fault determinations can evolve as investigations proceed and new information becomes available, speaking with an adjuster too early can commit you to a narrative that does not reflect the full picture of the accident. Even if you provide minor details to the adjuster, they can be misinterpreted and used to argue your actions caused the collision.
Under Alaska’s pure comparative negligence law, any percentage of blame you share for a car accident can reduce your monetary recovery. The insurance adjusters are aware of this rule and will try to document early statements to attribute responsibility to you if your case proceeds to litigation.
Once you have retained counsel, the insurance company cannot speak with you without the consent of your personal injury attorney. Allowing a personal injury attorney to handle conversations with an insurance adjuster can help ensure your rights are fully protected. A skilled personal injury attorney will be familiar with the tactics and strategies insurance adjusters attempt to use to devalue or deny your claim. They can properly evaluate the scope of your losses and push back against low settlement offers.
A personal injury attorney can also negotiate with the adjuster on your behalf to ensure you receive the maximum compensation to which you are entitled. If the insurance company is not willing to pay out a fair amount, an attorney will know whether a better outcome might be achieved by bringing your case to trial.
The aftermath of a car accident can be overwhelming and stressful. If you’ve been in a car crash, it’s vital to have a personal injury attorney by your side who can help take the burden off your shoulders by talking to the insurance adjuster. Proudly serving accident victims in Anchorage, Soldotna, Kenai, Palmer, Fairbanks, Juneau, Wasilla, and other areas of Alaska, The Trial Guy, Eric Derleth, provides trusted representation for clients facing a wide range of personal injury matters, including car accidents. Call 907-262-9164 to schedule a free consultation at our Anchorage or Soldotna office, or contact us online. Our phone lines are open 24 hours a day, seven days a week.
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