Typically after a car accident, you will receive a call from an insurance adjuster regarding the incident that occurred. What you say during these conversations is important because it can directly impact the outcome of your claim and potentially reduce your settlement. To avoid this, there are some general techniques and strategies on how to effectively handle this type of situation so that your claim is handled fairly in the future.
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- Provide only essential information pertaining to the accident such as date, time, location and vehicles involved. Do not offer any opinions or provide speculation. For example, saying something to the degree of “I think the other driver was speeding;” or “I believe it was a green light,” could be used to challenge your credibility.
- Do not say “I’m sorry” or offer any admission of fault. West Virginia follows a modified comparative fault rule, meaning your compensation could be reduced or denied if you are found partially at fault for the accident. Let the investigators determine responsibility based on the evidence.
- Do not downplay any potential injuries. Many accident-related injuries, such as whiplash or internal injuries, don’t show symptoms immediately. If you tell an adjuster you are “fine” or “feeling okay,” they may argue that you were not actually injured. Instead, say you are seeking medical evaluation and avoid discussing your condition until you have a full medical assessment.
- Do not consent to recording the call. Adjusters may ask for permission to record your conversation. While this might seem like a routine request, declining is in your best interest if there are any changes to your statements over the course of time. You are not legally required to give a recorded statement, so politely refuse.
- Refer to an attorney. If you have legal representation, direct all communications to your lawyer. Do not sign medical release forms or settlement agreements without consulting an attorney. Some documents waive your right to future compensation.
- Request written communication. Ask for all settlement offers and important information in writing to ensure clarity and prevent misinterpretation.
- Do not accept the first offer. Initial offers rarely cover long-term medical expenses, lost wages, or pain and suffering. Before accepting any offer, consult with an attorney who can evaluate the true value of your claim.
Why Legal Representation Matters
Dealing with insurance adjusters can be overwhelming, especially when you’re
recovering from an accident. Having an experienced personal injury attorney on your
side can make a significant difference in the outcome of your claim.
At Persinger & Persinger, we advocate for accident victims and ensure they are treated
fairly by insurance companies. If you’ve been injured in an accident, contact us today for
a free consultation before speaking with an insurance adjuster. We can assist you in handling negotiations to secure the best possible settlement.
