At The Gogel Law Firm, our St. Louis car accident attorneys know that when Missouri residents are hurt in a crash, the at-fault driver’s insurance company will contact them quickly and ask for a detailed statement.
Their representatives do so not to be helpful, but to protect their financial interests by gathering information that could be used to minimize or deny the victim’s claim. By reaching out quickly, they aim to catch victims off guard before they’ve had time to fully understand the extent of their injuries or consult with an attorney.
It’s essential to approach the conversation carefully, as what you say can significantly impact the outcome of your personal injury claim. Here’s some practical advice on how to navigate these conversations and avoid common pitfalls.
Limit Initial Communication with the Insurance Company’s Representative
When you first speak with the insurance adjuster, communicate briefly. Confirm your name, the accident date, and contact information, but avoid discussing details of the accident or your injuries. Let the adjuster know that you are still gathering information.
Insurance adjusters often ask for a recorded statement, but you are not obligated to provide one. Politely decline until you’ve had the chance to consult with an attorney. Recorded statements can be used against you later if your words are taken out of context.
Be Careful with Descriptions of the Accident
Avoid speculating about what happened or assigning blame when discussing the accident. State the facts as you know them and avoid guessing. For example, instead of saying, “I think the other driver didn’t see me,” say, “I was traveling straight through the intersection when the other vehicle hit me.”
Never admit fault, even partially. Missouri follows a pure comparative fault rule, meaning your compensation could be reduced if found partially at fault. Admitting fault, even casually, could be used to diminish your claim.
Do Not Discuss Your Injuries in Detail
When discussing your injuries, do not downplay them or say you’re “fine.” Some injuries may not become fully apparent until days after the accident. Conversely, avoid exaggerating your symptoms, as this could backfire if medical evidence does not support your claims.
If the adjuster asks about your injuries, it is best to say that your doctor is still evaluating you. This prevents you from making statements that could later be contradicted by medical documentation.
The insurance adjuster may request access to your complete medical history, but you should only provide records relevant to the injuries sustained in the accident. Giving full access allows the adjuster to search for pre-existing conditions or unrelated issues to argue that your injuries weren’t caused by the accident.
Document All Communication with Insurance Representatives
Document all interactions with the insurance adjuster, including phone calls, emails, and letters. Write down the date, time, and summary of each conversation. This record can be invaluable if disputes arise later.
Whenever possible, communicate with the insurance adjuster in writing to clearly and accurately record what was said. This can help prevent misunderstandings or misrepresentations of your statements.
Don’t Accept a Settlement Offer
Insurance adjusters may offer a quick settlement, but this initial offer is often lower than what your claim may be worth. It’s designed to close the case quickly and minimize the insurer’s payout.
Before accepting any settlement offer, consult with a personal injury attorney who can evaluate the actual value of your claim, considering medical expenses, lost wages, pain and suffering, and future care needs.
Our experienced Missouri personal injury attorney can guide you through the process, helping you avoid pitfalls and protect your rights. We can handle communications with the insurance adjuster on your behalf, relieving stress and improving the likelihood of a favorable outcome.
Contact Our Car Accident Attorney in St. Louis Today
Contact our St. Louis car accident and injury attorney today to review your case by calling (314)-370-8173 or online to schedule a free consultation. Our commitment is to empower you with the knowledge of your legal rights and options and win your case.
