After a serious car accident, your insurance policy serves as your lifeline for recovery. Your phone will likely ring sooner than you expected. While an insurance adjuster may sound friendly and concerned, remember that their goal is to protect their bottom line. What you say in these moments can alter the trajectory of your healing.
What you should not say
While you have the right to seek damages for injuries caused by another’s fault, an adjuster can twist your words to lower or deny your claim. If they call you, avoid these statements:
- Apologizing can be an admission of legal liability, even if you are being polite.
- Claiming that you are fine or not hurt can become evidence for denying your medical claim.
- Speculating on the cause of the collision can affect your claim.
Because Louisiana courts now follow the comparative negligence rule, the insurance company can argue that you are also responsible for the accident to lower your payout. If your fault is higher than 50%, you cannot recover compensation anymore.
What you must say
When an adjuster asks questions about the crash, keep your answers brief and objective. Stick to the basic facts, such as the location of the accident and the names of those involved.
If you do not have an answer, simply state that you do not know. Stating an incorrect guess now and later testifying differently can turn into a discrepancy that can significantly affect your personal injury claim.
Why legal guidance matters
Your current condition leaves you in a vulnerable position. An insurance adjuster can pressure you to settle at the first offer, which could be lower than what you need to fully recover.
Navigating this alone can put you at risk of making mistakes. Before you sign any waivers or give a detailed statement, consider seeking legal guidance to move forward towards protecting your future.