Committed To Justice.
Dedicated To You.

Recorded statements and twisted words: Dealing with insurers

On Behalf of | Mar 19, 2024 | Insurance Bad Faith

You’ve been in a wreck, and the other driver was at fault. You know that means you’re eventually going to have to make a claim against their insurance company – but you need to be careful how you approach the situation.

Company insurance adjusters have one job: They’re supposed to make certain that the insurance company doesn’t spend one penny more than they must. With that in mind, here are some things to remember:

Expressions of concern don’t make the insurance adjuster a friend

Don’t be fooled by the fact that the other driver’s insurance company reached out to you so quickly, nor by the sympathy offered by their adjuster. Adjusters know that if they can gain your trust early on in the process, you’re more likely to “open up” and be more talkative about the situation – and that gives them the ability to fish for information that they might use against you. They may also be hoping that you’ll perceive them as genuine and fair, which could make you less likely to look critically at an appallingly low settlement offer.

You are under no obligation to give recorded statements to the insurance company

Adjusters like to get everything on record – because they are going to look for ways to twist your words against you. If you say something like, “I’ll be okay, thanks,” in response to their inquiries about your health, that can be reframed as an admission that your injuries aren’t serious. If you say something like, “I never even saw the other driver,” it can be used as “proof” that you were actually distracted and at least partially responsible for the wreck.

A quick settlement offer is a sure indication that you have a better claim

No insurance company is in a hurry to settle their obligation, so you should always view a quick settlement offer with suspicion. The initial offer from an insurance company is likely to be absurdly low, and the adjuster is hoping you’ll take it and sign a release that ends your claim before you know any better.

Many people consider dealing with the other driver’s insurance company to be a stressful experience, and it’s definitely a path with tripwires. It’s often better to stay off the phone and away from the adjuster until you have legal assistance.