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What Should I Do if the At-Fault Individual’s Insurance Company Calling?

by John E. Lichtenstein
What Should I Do if the At-Fault Individual’s Insurance Company Calling?

After an accident, the at-fault person’s insurance company may contact you directly. The insurance adjuster may sound friendly and concerned about your health. But their goal is to limit the insurer’s liability and the amount paid to you to resolve the accident claim.

Insurance companies are for-profit entities focused on protecting their bottom lines. Insurance adjusters use various tactics to gather information from you that may be used to minimize or deny your claim. If the at-fault person’s insurance company calls you, you want to be prepared to respond in a way that doesn’t harm your case.

How Insurance Companies Can Try to Trick You

Here are some of the most common ways that insurance companies try to trick people:

  • Make you feel obligated to speak with them – Insurance adjusters may try to make you believe that you are obligated to speak with them in order to receive compensation. Remember, you are not legally required to speak with the at-fault person’s insurance company if they contact you. They know this but often call anyway. If you feel uncomfortable, you can either decline to speak with the insurance company or decline to speak unless your car accident attorney is present.
  • Pretend to be your friend – The insurance adjuster may try to make it seem like he or she is your friend and is concerned about your health. They may express concern about how you’re doing in the wake of the accident. Insurance adjusters are trained to come across as friendly and kind, but it’s usually not genuine. They’re aware of the fact that the more sympathetic and genial they are, the more likely it is that they can get you talking, and possibly get information from you. Don’t discuss your medical condition or answer any questions that aren’t essential.
  • Recording your statement – Insurance adjusters may try to get a recorded statement from you. They may say something like, “This will go much faster if I can just get a recorded statement from you.” Don’t give them a recorded statement without consulting an attorney first. The insurance company could end up using a recorded statement against you later. There are multiple ways that a recorded statement could be used to undermine your claim:
    • Insurance companies will compare the recorded statement with any statement that you gave the police after the accident. If there are any differences between the two, the insurance company might use that to deny your claim, even though it’s perfectly reasonable for you to remember the accident slightly differently when time has passed.
    • Insurance adjusters may ask peculiar questions that are designed to trip you up. They also might try to get you to agree to facts that you aren’t sure about. If you don’t know whether a statement is accurate, don’t agree to it.
    • If your case goes to court and you gave a recorded statement, the insurance company may use that statement to show evidence of contradictions in your story, which can hurt your case.
  • Ask You to Allow Access to Your Medical File—An insurance adjuster may ask you to sign a release allowing the adjuster access to your complete medical file. The adjuster wants to rummage through your medical file looking for pre-existing conditions that can be used to deny your current injury claim. Do not give the insurance company permission to access your medical records. Talk with a personal injury attorney about how to respond if the insurer requests access to your medical file.
  • Try to get you to say you aren’t injured – Insurance adjusters may try to get you to say that you are not hurt or that you are feeling okay, which they could later use to downplay your injuries and need for compensation. The best thing is to say that you are waiting to hear from your doctor. Avoid giving them any details.
  • Try to get you to admit fault – Insurance companies may try to get you to admit at least some fault for an accident. When you’ve just been in an accident, it can be difficult to remember every detail, especially if you’ve suffered a concussion or traumatic brain injury. It might even be the case that you aren’t totally sure whether you had any part to play in the accident. No matter what, don’t accept fault. If you even suggest to the insurance company that you might have contributed to the accident in some way, you could undercut your case.
  • Offer a quick settlement – In some cases, the insurance adjuster will make a quick settlement offer. The proposed settlement may seem generous at first. Like most people who have been in accidents, you’d probably prefer to be compensated sooner rather than later. As medical costs pile up and as you lose more and more income from being unable to work, the losses caused by an accident can create financial stress. Insurance adjusters will prey on your desire to get things resolved as quickly as possible. They know very well that the settlement they’re offering is low and does not reflect the severity of your injuries. Even if you believe the settlement seems generous, you should consult with an attorney before accepting the offer. An attorney can help you evaluate whether the offer is fair and make a determination of how much compensation you need to cover your expenses.

Written vs. Verbal Statements

Insurance companies will often ask if they can take a recorded statement about the accident from you. If the insurance company tries to take a verbal statement, do not consent. It’s much easier to mistakenly say something over the phone that will end up hurting your claim.

A written statement is a much better option. With a written statement, you have a chance to make sure that you describe the accident in the most accurate and concise way. It is a good idea to have an attorney review your statement. Your attorney will help ensure that the statement can’t be used to undermine your case in court.

When to Get Legal Help From an Experienced Car Wreck Law Firm?

If you’ve been injured in a Virginia car accident caused by another driver, contact one of our Roanoke personal injury attorneys at Lichtenstein Law Group, PLC, right away. Having an experienced attorney on your side can help you avoid costly mistakes when dealing with the at-fault driver’s insurance company. Get in touch with us today for a free consultation.

John E. Lichtenstein is a founding member of Lichtenstein Law Group PLC.

John E. Lichtenstein is a founding member of Lichtenstein Law Group, PLC, with more than three decades of experience as a trial lawyer. A graduate of the University of Virginia School of Law, John has successfully resolved hundreds of cases on behalf of his clients, including some of the largest jury verdicts and settlements in Virginia history. He has also served his profession, including serving as President of the Virginia Trial Lawyers Association in 2015-2016 and as Chair of the Virginia State Bar Criminal Law Section in 2007-2008.