Common Mistakes to Avoid when Dealing with an Insurance Company After an Accident

Fairfax Injury Lawyer Brien Roche Addresses Mistakes Avoid Dealing Insurance
Brien Roche

Liability insurance companies are in the business of closing files. Sometimes they don’t really care how much they pay on a file. Sometimes they simply want to close it. That’s important to understand in terms of dealing with an insurance company.

Understanding their motivations can help you approach conversations with more confidence and caution, setting the stage for making informed decisions as your claim progresses.

Avoid Settling Too Quickly With the Insurance Company

Insurance companies like to settle cases quickly. The quicker they can get this case off the books, the better off they are. Sometimes they are willing to pay a bit more to do that.

They also know that if they strike quickly, they may be able to get the plaintiff to take a certain sum of money without really knowing the full extent of their injury.

That is why sometimes a claims adjuster will appear on your doorstep shortly after an accident with a check in hand. They want you to sign a Release. If you sign the Release and accept the check, then your claim may be barred. There are some state laws that are designed to protect plaintiffs in cases like this. Those state laws may provide for a waiting period before the Release becomes effective.

In general you do not want to accept a settlement from an insurance company if you are still having symptoms. If you are satisfied that the symptoms have completely gone away, then settling is certainly your prerogative.

Be Cautious When Giving Recorded Statements to Adjusters

Insurance adjusters when they call you after an accident of any type will tell you that they want to take a recorded statement from you. They should tell you that the statement is being recorded. You don’t have to give the recorded statement if you don’t want to. If you are an insured of that company then you must give a recorded statement. That is a term of your policy. If it is the opposing insurance company that wants to take your statement, you have no obligation to talk to them.

It is generally advisable not to talk to them. In particular if you have an attorney, you need to tell the adjuster that you have an attorney so that the adjuster will deal exclusively with the attorney.

Recorded statements are dangerous in that claims adjusters frequently ask leading or sometimes misleading questions that can generate an answer that is very harmful to you. Once you’ve given that statement, then the statement cannot be undone. As such it is best not to give any statements at all.

Think Twice Before Signing Medical Record Authorizations

The insurance carrier will also generally ask for a medical authorization. What they want to do is to obtain your medical records relating to the crash. In general you should not sign any such authorization.

That authorization contains no limits on what they can do with your medical records. It provides for no particular privacy in terms of the handling of your records.

Tips for Communicating With the Insurance Adjuster

Most insurance adjusters have a large number of files that they’re working on at any given time. If you’re going to deal directly with the insurance adjuster, then you should emphasize to that person what is different about your case. Doing so may get you some added attention and may potentially add some value to your case. If there is something that you lost that is unique, that needs to be emphasized.

If you’re going to handle the claim by yourself without counsel, then as stated elsewhere, you should not consider settling until you have completely healed. At that point you can gather all of the bills and records and forward them on to the claims adjuster along with any proof of lost wages and make a demand for settlement.

Guidance for Accident Victims Dealing With Insurance Companies

Call, or contact us today for a free consultation. Also for more info on mistakes avoid dealing insurance see the Wikipedia pages. Also see the post on this site dealing with car crash issues.

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Brien Roche

Brien A. Roche has been an attorney since 1976. Mr. Roche is admitted to practice in Virginia, the District of Columbia, and Maryland. In addition to his busy law practice, Mr. Roche is also a published author of several books & articles relating to the practice of law.

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