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Tips for Speaking with Insurance Adjusters After Filing an Accident Claim

Tips for Speaking with Insurance Adjusters After Filing an Accident Claim

Posted By Daniel Barrera | 16-Feb-2015

If you happen to go through the experience of filing an accident claim, consider a few tips for talking to an insurance adjuster. Read on to learn about the laws surrounding insurance claims to protect your rights whilst making a claim.

What Insurance Adjusters Want

Insurance adjusters:

  • investigate accident sites;
  • conduct interviews;
  • record statements; and
  • initiate investigations to determine their employer’s liability.

In most situations, it is in the insurance company’s interest to resolve potential claims quickly because by doing so they can often pay out to the injured party before he or she has time to determine if future medical treatments are required (that the insurance company would then have to fund). Adjusters often facilitate early settlements by casting doubt on the credibility of the individual’s injury claim.

Rules to Follow When Dealing with Insurance Adjusters

There are a few general rules for talking with insurance adjusters that apply to almost all cases and can help victims filing a claim protect themselves from giving away their rights.

Some of these rules for talking to insurance adjusters are:

  • Be polite: Claimants only cause more stress for themselves if they let their emotions control their interactions with adjusters. Do not allow yourself to get angry and frustrated in what can be a very frustrating process.
  • Give your name, address and phone number: These are the only bits of personal information you need to give insurance companies.
  • You only need to speak in generalities: Do not name specific witnesses or give away specific diagnoses that you receive. It is enough to say that your back is injured or there were some witnesses, for example. In time you will reveal all of this information, but talk to an attorney before disclosing any specific information.
  • Do not sign anything until you understand what you’re signing: Often adjusters claim that forms are “routine” when they actually waive your rights to medical or personal privacy. Again, talk to your attorney before signing anything.

How are conversations with insurance adjusters viewed in court?

In Virginia, “in an action to recover for a personal injury or death by wrongful act or neglect, no ex parte affidavit or statement in writing other than a deposition, after due notice, of a witness and no extrajudicial recording made at any time” may be used to contradict a witness’s testimony (Va. Code Ann. Sec 8.01-404).

In some cases, creative insurance defense lawyers have found a way to get around this restriction and use initial statements from victims to contradict the victim’s testimony. Claimants still need to protect themselves when communicating with adjusters, and note that this only applies to written statements.

The Barrera Law Firm is prepared to give more specific legal advice and information regarding how to talk to insurance adjusters, how to handle claims and how it all applies to your case.

Categories: Injury

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