More than any other party, the person standing between you and collecting on your injury claim is the other driver's insurance claims adjuster.
It is important that you know what you are getting into when you agree to have a conversation. Though claims adjusters may seem friendly, they are not your friend.
Think of the claims adjuster as the devil's advocate. On the one side is you, presenting a case for rightful compensation. On the other side is the claims adjuster, poking little holes in your story. This is the way the system works.
A claims adjuster will call in the days after you file a claim, and ask to talk to you. He or she will have a lot of questions, including repeated questions, to see if your story is consistent. They want to learn who was at fault, if your injury is covered under your policy, and if your story squares with police reports and what other witnesses say.
What To Say And What To NOT Say
We offer the following suggestions not as legal advice for your specific situation, but as general guidelines we have compiled over the years. For specific advice, talk to our attorneys at 888-285-3333.
Agree to talk to the claims adjuster. The insurance company has the right to gather data, just as you do. If you refuse, that raises questions about your truthfulness.
Respond cautiously. Believe it or not, a harmless sounding question can be turned against you. "I'm fine, thank you," can be turned around to suggest you have recovered from any injuries you suffered. We suggest you count to 10 before answering any question, to guard against saying the wrong thing.
Don't agree to be recorded. Or, agree to be recorded, but only after you've consulted with a lawyer.
Don't accept their suggestion of a good body shop. Work with a repair party of your own choosing.
Don't sign a settlement agreement. The insurance company would love to wrap up your case before you know what your rights are, or the dollar value of the injuries you have received.
Claims adjusters are not bad persons. But they are representing the insurance company's interests, not yours. This is why, if your case has any value at all, you should choose an experienced attorney who has been down this road a thousand times. At Cutter Law P.C., we will always be on your side.
When The Claims Adjuster Calls, Protect Yourself
We can set you straight on claims adjustments and other matters. Call Cutter Law P.C., serving Sacramento and Oakland, at 888-285-3333. You may also ask questions via email.