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There are many different types of injuries that may fall under the umbrella of personal injury. Those who sustain injuries in car accidents, those who were bit by a dog, those who slipped and fell, those who were injured when a product malfunctioned or those who were injured by medical malpractice may all be able to file personal injury claims if someone else’s negligence or actions may have caused their injuries. Regardless of how your injury occurred, there is one consistent throughout these very different types of cases. After you file a case, an insurance company will reach out to you to get your side of the story and decide whether they feel you have a compensable case. What you say to the insurance agent can affect your case, and can potentially be used against you later. Here are five things that you should never say to the insurance company if you are filing a personal injury case.
Do Not Talk About Any Potential Fault You May Have Had
One of the most important things that you should avoid saying to an insurance company is anything about any potential fault you may have had in the accident. For example, if you slipped on a wet floor at a store, you should not make any comments about your shoes potentially being slippery or hard to walk in. If you were in a car accident, you should not make any statements about potentially speeding or not looking where you were going. You do not want to make any statements that can be construed as admitting fault in an accident. It is the insurance company’s responsibility to determine who was at fault for the accident and whether you had any fault in the accident. Your case can be denied or your settlement can be reduced if you had fault, so you want to avoid making statements that the insurance company can use to show you had fault in the accident.
Do Not Talk About Past Injuries You May Have Suffered From
Another topic that you should avoid bringing up to an insurance adjuster is whether you have sustained past injuries to the same part of your body that is injured now. For example, if you sustained a back injury in a car accident, you do not want to bring up the fact that you had back surgery five years ago for a different back problem. It is important to note that eventually an insurance adjuster will likely ask you if you have sustained any injuries to that part of your body before, and may even ask for a medical release to obtain your medical records related to that injury. When an insurance company asks, you should be forthcoming and truthful about your past injuries. It is important to be brief and not to go into much detail, simply stating what the injury was, how long ago it was and if you fully recovered. While you should be honest when asked, you never want to offer up this information unless you are asked about it.
Do Not Talk About Past Cases or Information Friends and Family May Have Shared With You
One thing that can be a red flag for insurance adjusters is hearing a potential claimant talk about past lawsuits they have filed or past lawsuits friends and family members may have filed. When you are talking to an insurance agent, you want to avoid telling them about any past claims you may have had, and/or avoid telling them about the experiences your friends and family members may have shared with you from their prior claims. Past cases are not relevant to your current case, and quite frankly, an adjuster does not care about the cases your friends and family were involved in. Always avoid broaching this topic with an insurance adjuster.
Do Not Begin to Negotiate a Settlement Before Knowing the Extent of Your Injuries
The forth thing that you should avoid saying to the insurance company is anything about a settlement before knowing the extent of your injuries. Many insurance companies will try to negotiate a settlement early on in your case. They may offer you a few thousand dollars to settle the case and close the case out quickly. While it may sound enticing, settling too early in your case can be detrimental to you. Insurance companies want you to settle early on in your case for a number of reasons. First off, it costs a lot of money to fully investigate cases and to take a case to trial. Settling early helps them avoid these costs. Secondly, many people have no idea about the extent of their injuries until they undergo medical testing and treatment. You may need a surgery that will costs thousands upon thousands of dollars, but you may not know it until tests are completed. If you settle for a few thousand dollars, there is no way to open your case back up and get the money you need to fully resolve and treat your injuries. As such, never begin the negotiation process or entertain settlement offers until you know the full extent of your injuries or are nearing completion of your medical treatment plan.
Do Not Say Anything That You Are Not Sure About or Are Not Fully Remembering
The final thing you want to avoid doing or saying when you are interacting with the insurance company is providing statements that may not be 100 percent true. When you are talking to an insurance agent, you may feel pressured into giving an answer or may want to provide answers. However, you may be on medication that is making your mind blurry, you may not fully recall the details of what happened, or you may be trying to piece things together in your own mind. Never ever answer a question if you are not fully clear on what happened or if you are not sure. It is better to say you are not sure or do not recall at this moment. If you give statements that are not true, and an insurance company is able to disprove them, it can affect your credibility. An insurance company can use these incorrect statements to discredit your version of events in front of a judge or jury, which may harm your case. This is why it is so important that you only answer questions if you are sure of the answer.
What you say to an insurance company can affect your personal injury case. Inadvertently saying the wrong thing or not understanding a question and giving the wrong answer may come back to haunt you. This is why personal injury attorneys recommend you avoid providing a recorded statement to the insurance company and work with an attorney. If you have sustained an injury and feel you may have a personal injury case, an attorney can field calls from the insurance company so you are not left to make a statement that can potentially harm your case. Here at Wapner Newman Law Firm, we can help you with your personal injury cases. Contact us today to schedule a consultation.
