Following an accident that leaves you injured, the words you use with an insurance adjuster matter. They are well-versed in gathering information and can misconstrue a harmless comment and use it to devalue your claim. When talking to an insurance adjuster, be careful what you say.
1. “I’m fine” or “My injuries are minor.”
Adrenaline and shock can mask the true extent of your injuries. As soon as you can, seek medical attention after an accident and wait for a professional diagnosis.
2. “It was my fault.”
Texas is a “modified comparative negligence” state. You can still recover damages even if you share partial fault, but the court will reduce your compensation accordingly. Never admit fault, as determining liability is complex and requires careful investigation.
3. “I accept your settlement offer.”
Insurance companies often offer quick, lowball settlements to avoid paying larger amounts later. Never accept a settlement without fully understanding the extent of your damages, including future medical expenses and lost wages.
4. “You can see my medical records.”
You have legal protections, particularly under HIPAA, regarding the privacy of your medical information. Only share information relevant to your claim and with your attorney’s guidance.
5. Anything recorded without your lawyer present.
Assume all conversations with insurance adjusters are recorded. To ensure the protection of your rights, it is advisable to refrain from giving recorded statements if your attorney is not present.
Always seeking legal guidance is in your best interest
The adjusters’ loyalty is to the insurance company, not to you. Their job is to minimize the company’s payout. They may use friendly conversation to get you to let your guard down and reveal information that could harm your claim.
Remember, you can level the playing field as long as you have a skilled attorney in your corner. It is best to maximize this strength and aim for your rightful compensation.