If the at-fault driver's insurance adjuster calls you to talk about a car accident you experienced recently, you may wonder if it's okay to speak directly with the adjuster. Although the adjuster may appear friendly and concerned about your physical and mental pain, they may not be. The at-fault driver's insurance company may use the information it receives from you to reduce or deny your settlement by twisting or purposely misconstruing your replies to their questions. The best way to win a fair settlement for your accident is to hire an auto accident attorney. An attorney can deal directly with the at-fault driver's insurer, which allows you to receive the medical care you need without stress. The following explains why you don't want to deal with an adjuster yourself and what your attorney will do when handling your case.
What Will an Adjuster Ask You and Why?
Insurance adjusters generally investigate the claims made against their clients before offering any type of settlement. The adjusters may look for witnesses of the accidents, or they may obtain information from the police. If multiple witnesses or clear police reports pinpoint the insurance company's client as the at-fault driver, the insurer usually settles the injured driver's claim right away. There's no reason to stall the case any further. But if there aren't witnesses or clear police reports to verify who's at fault for the accident, an insurer may take their investigation a step further and try to interview the injured driver for answers. This is where the problems begin.
To find the answers they seek, an insurance adjuster may ask if you saw their client before the accident occurred. If you tell the adjuster that their client came out of nowhere or that you didn't see the client's car, the adjuster may misinterpret the answer as you weren't paying attention to the road.
The adjuster may also want to know if you received enough sleep the night before and if it impaired your vision and judgement in some way. If you're in pain from your accident or stressed, you may not think about your answers before you say them. For instance, you might say that you didn't get to bed on time or stayed up later than usual. An insurance adjuster may falsely interpret your response as indicating you have sleep deprivation, which is one of the most leading factors in auto accidents today.
The adjuster can make it seems as though your actions caused the accident and not their client's poor driving.
What Will an Attorney Do Before Replying to an Adjuster?
If you allow a car crash attorney to take over your claim, the lawyer will most likely investigate your accident themselves before replying to the insurance adjuster. An auto accident lawyer can do a few things during their investigation, such as request footage from any traffic cameras in the area. The cameras may show the exact time, date and moments leading up to the accident and anything that occurred after the accident.
The footage may also show the insurance company's client speeding, ignoring oncoming traffic or texting on a cell phone, all of which are common causes of car accidents today. If the at-fault driver has a history of bad behavior, an attorney may request police and court records to prove it.
In addition, the bad driver may have previous problems with the insurer, such as increased insurance rates due to auto collisions, fender benders and traffic tickets. An accident lawyer may request the driver's records from the insurance company for verification. After an attorney obtains the evidence they need for your case, they pursue a claim for you.
For more details about handling an insurance adjuster's questions, or if you need legal representation, contact a car accident attorney from a firm like The Jaklitsch Law Group.
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