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Don’t Talk to the At-Fault Driver’s Insurance Company

Don’t Talk to the At-Fault Driver’s Insurance Company
Photo by Vitaly Gariev / Unsplash

If you or a loved one has been injured in a crash, whatever you do, DON’T TALK to the insurance company for the driver who hit you, without talking to your lawyer first.

No matter how nice, compassionate, concerned or understanding the adjuster for the at-fault driver’s insurer seems, they do not care about you one bit.

When they call you within hours or days of your crash, they’re going to act like a “friend,” claiming to want to know how you’re doing, how they can help, and . . . what happened.

Or they’re going to claim this is just a “routine” call and by talking to them you’ll help speed up the claims process.

Make no mistake: That adjuster on the other end of the phone is not your friend.

They don’t care about you and what you’re going through. They only care about trying to wrap up your claim as cheaply and quickly as possible, to make the insurance company happy and probably to get a bonus for themselves.

The adjuster’s goal is to get you to let your guard down so they can manipulate you into saying something that will hurt your case or to trick you into forfeiting your legal rights and agreeing to a settlement for way less than what your claim is truly worth.

And time is of the essence for the adjuster: They want to talk to you before you talk to you lawyer.

Before you find out what your legal rights really are.

The only foolproof way to protect yourself from being preyed on like this is to hire an experienced car accident lawyer from Michigan Auto Law and let us handle the adjuster.

For more than 50 years, the car accident lawyers at Michigan Auto Law have focused their practices exclusively on helping people like you get the compensation and money damages they deserve after they’ve been injured or lost a loved one in a crash.

Our lawyers know how to stop adjusters in their tracks before their insurance settlement tactics and deception can hurt innocent, trusting crash victims like you and your loved ones.

We have a proven track record of success for our clients and our reputation with insurance for taking cases to trial allows to recover up to 4x more for our clients.

Call Michigan Auto Law now or reach out through our website to schedule your free, no-cost, no-obligation consultation with one of our experienced car accident lawyers.

We are here for you when you need us.

We can help.

What are the adjusters trying to do?

They want to get you to make statements that will hurt your claim and give the insurance company the excuse it’s looking for to not pay you what you’re owed.

Specifically, their goals include:

·       Getting you to deny that you’re injured or to minimize the severity of your injuries

·       Getting you to say that your injuries haven’t really affected your ability to live your normal life or otherwise stopped you from doing activities you did before the accident

·       Having you say that you don’t remember how the crash occurred or that you’re not totally sure whether you did anything to cause the accident

·       Prompting you to talk as much as possible about what caused the accident, your injuries, and how your injuries are affecting your life in the hopes that these statements may be inconsistent with what you say later so they can attack your credibility and truthfulness

How can talking to the adjuster hurt your case?

A clever adjuster can trick you into hurting your case in any or all of the following ways:

·       “Admitting” that you’re not injured

·       Minimizing the seriousness of your injuries

·       Blaming your injuries on older, pre-existing medical conditions

·       Denying or minimizing the effects of your injuries on your life

·       “Admitting” that the crash was your fault or otherwise taking responsibility for causing the crash

·       “Apologizing” for the crash

You don’t have to talk to the adjuster from the at-fault driver’s insurance company

You have no legal obligation to talk to the adjuster who works for the at-fault driver’s insurance company. You have no contract with the insurer. You have made no promises to the insurer. You do not owe the insurer a statement or an explanation.

The exact opposite is true with your own insurance company. In your auto insurance policy, you agreed to cooperate with the insurer’s investigation of your claim.

Making a statement and talking to the adjuster for your insurance company is part of your duty to cooperate. You must do it or your insurer could deny your claim.

What to do when the at-fault driver’s insurance company contacts you

1.       Confirm that the adjuster is not calling from your auto insurance company

2.       Verify the name of the insurance company that the adjuster works for

3.       Get the adjuster’s full name, phone, and email

4.       Verify the claim number the adjuster is contacting you about

5.       Ask if the discussion is going to be recorded and whether you will be provided a copy and the opportunity to make changes after having had time to review the recording or transcript

6.       Find out what specific questions the adjuster wants to ask

7.       Request that the adjuster provide you the questions in writing so you can think them over before choosing whether or how to respond

8.       Tell the adjuster that you want to talk to your lawyer before you make any statements

Ultimately, after talking with your lawyer or at least a lawyer who is looking out for your interests, not the insurance company’s bottom line, then you may choose to:

·       Refuse to give a statement

·       Provide a written statement based on the adjuster’s written questions

·       Insist on having your lawyer present for any conversation between you and the adjuster

Steven Gursten

Steven Gursten

As head of Michigan Auto Law, Steven M. Gursten focuses his practice on serious motor vehicle accident injury cases and wrongful death lawsuits. 

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