Dealing with an insurance company after a car accident can be stressful, especially when the adjuster is trying to minimize the value of your claim. As an accident victim, it’s important to be careful with the information you provide and seek guidance from a personal injury lawyer who can manage the claims process on your behalf. In this article, we provide guidelines for answering questions from an insurance company to protect the value of your claim.
What to do if an Insurance Company Calls Me?
You are not required to speak with the other driver’s insurance company if they call. You can refer them to your lawyer.
If you do decide to speak with the insurance company, be cautious. The insurance company’s goal is to minimize the value of your claim. The adjuster is not trying to protect you or give you a settlement that is fair. He or she is likely trying to get information to use against you.
Guidelines for Answering Questions from an Insurance Company
- Avoid commenting on your injuries: Inform the adjuster that you are receiving medical treatment, or that your attorney will provide updates as needed.
- Only answer the questions asked: Do not volunteer information.
- Do not agree to have your statement recorded: A recorded statement may be used against you and may be an incomplete account of the accident and your injuries.
- Stick to the facts: Avoid giving an opinion about anything.
- Write down the adjuster’s name and information for future reference.
- Do not guess answers: If you do not know the answer to a question, simply say so.
- Take notes during the conversation: Keep track of the questions and answers you provide.
- Be honest: Do not lie or exaggerate.
Tactics Insurers May Use to Devalue Your Claim
Insurance adjusters may use various tactics to try to devalue your claim, such as:
Asking for a Recorded Statement
The adjuster may claim that a recorded statement will speed up the process, but this statement may be used against you.
For example, evidence could be collected later that contradicts what you say in a recorded statement, hurting your credibility. A recorded statement may also be an incomplete account of the accident and your injuries. Unfortunately, the value of your claim may be limited by this inaccurate account.
Asking You to Sign a Medical Release Authorization
The insurance adjuster may convince you to sign a medical release form to gain access to your medical records. However, the document you sign may provide for the release of medical records that are not relevant to the accident. The insurance company may use this to deny your claim based on a preexisting condition.
Trying to Convince You That a Lawyer is Not Necessary
The insurance adjuster may try to get you to talk to him or her without consulting with a lawyer. He or she may also urge you not to hire a lawyer.
However, there are many benefits to hiring a personal injury lawyer, in fact, personal injury victims who decide to hire a lawyer often receive more compensation than those who do not.
Roden Law – Your Car Accident Attorneys
If you have been contacted by an insurance company after a car accident, you do not have to deal with them alone. Seek guidance from a personal injury lawyer who can handle all communication with insurance companies and work to negotiate a fair settlement for your damages. Contact the licensed lawyers at Roden Law to schedule a free case review. We work on a contingency fee basis, so we charge nothing unless we recover compensation for your claim.
FAQs
You may provide the most basic details such as your name and contact info, the location and date of the crash, and what car you were driving. Other than that, politely decline to give more details. You have the right to refuse to answer the adjuster's questions or to consult with a car accident lawyer first.
How to answer insurance claim questions? ›
Think deeply about the exact question the agent asked, and only provide that specific information. Never admit to fault. Never admit to even being partially at fault. Never admit that you are uninjured.
Is NY a no-fault state for car accidents? ›
Because of New York's No-Fault law, lawsuits due to auto accidents can be brought only for economic losses that exceed No-Fault benefits and for non-economic damages (such as pain and suffering) only if a "serious injury" (as defined in the Insurance Law) is sustained.
What questions does insurance ask? ›
Common Questions Insurance Companies Always Ask
- Who was involved in the accident?
- Was anyone else in the vehicle?
- Who was in the other vehicle?
- What led to the accident?
- What happened, and why?
- When did the accident occur?
- Where did the accident occur?
- Where were you going?
Steps to Appeal a Health Insurance Claim Denial
- Step 1: Find Out Why Your Claim Was Denied. ...
- Step 2: Call Your Insurance Provider. ...
- Step 3: Call Your Doctor's Office. ...
- Step 4: Collect the Right Paperwork. ...
- Step 5: Submit an Internal Appeal. ...
- Step 6: Wait For An Answer. ...
- Step 7: Submit an External Review. ...
- Review Your Plan Coverage.
Promptly respond to letters and requests if they are unreasonable. If they are, say so, in writing. Be proactive: Give your insurer proof of your losses and ask for the dollar amounts you are entitled to. Don't wait for them to tell you how much they owe you.
How do I argue with my car insurance adjuster? ›
Negotiate Respectfully But Firmly
If an adjuster offers less than you believe is fair, don't be afraid to push back. Voice your disagreement calmly and respectfully. Explain your reasoning and provide evidence to justify asking for a higher settlement. Make a reasonable counteroffer based on your documentation.
What not to say to an insurance investigator? ›
Even if you feel you're at fault, wait for the official investigation to prove what actually happened. Don't say things like “I'm sorry” or “it was my fault.” Your injuries: Insurance adjusters may reach out to you in the hours after an accident and well before an accident investigation has made clear who was at fault.
What happens if you disagree with insurance adjuster? ›
When you disagree with a car insurance adjuster, don't hesitate to take action to protect your rights and seek fair compensation. Remember to gather evidence, review your policy, and explore alternative dispute resolution options like mediation or arbitration.
How long does an insurance company have to settle a claim in New York? ›
Insurance companies in New York have 35 business days to settle a claim after it is filed. New York insurance companies also have specific time frames in which they must acknowledge the claim and then decide whether to accept it, before paying out the final settlement.
The average car accident settlement in New York is approximately $287,000. New York's no-fault laws limit smaller claims from going to court, making the average settlement higher than it is nationwide.
How long do you have to sue after a car accident in NY? ›
Generally, you have three years to sue after a New York car accident. Section 214 of the Civil Practice Law and Rules provides this deadline, which applies to claims for injuries as well as claims for property damage.
What questions should I ask my insurance adjuster? ›
Additional Information
- “Will you admit fault for the accident?” ...
- “How much insurance coverage does your driver carry?” ...
- “Will you pay for my car to be repaired to manufacturer's specifications, without used or after market parts?” ...
- “Will you pay for my medical bills and lost wages as they are incurred?”
Some examples of the questions that you might be asked by an insurer that you should answer include:
- When did the accident occur? ...
- What is the year, make, and model of the vehicle you were driving at the time of the accident?
- Were there any other vehicles involved?
- What type of damage was done to your vehicle?
Understanding what determines your auto insurance premiums can uncover new ways to save. Auto insurance rates depend on factors such as your age, gender, location, the kind of car you drive, your driving record and possibly even your credit score. Here are 12 things that can influence the cost of your car insurance.
What do you say when appealing an insurance claim? ›
I am writing to request a review of your denial of the claim for treatment or services provided by name of provider on date provided. The reason for denial was listed as (reason listed for denial), but I have reviewed my policy and believe treatment or service should be covered.
What should you say in an insurance statement? ›
Stick to what you know for sure and be clear and concise in your answers. If you do not know the answer to a question, say so, rather than guessing or making assumptions. “I can't be sure, but I'll bet the other driver was on the phone” is classic speculation that is best left out of a statement.
How do you explain an insurance claim? ›
An insurance claim is a formal request from the policyholder to their insurance company asking for payment after a covered incident, such as a hospital stay, a natural disaster, theft, and more.
How to value items for an insurance claim? ›
When it comes to the value of specific items, condition is more important than age. An older item that's in excellent condition should be depreciated less than a newer item that's frequently used or one that's regularly exposed to water, sun, wind, etc.
