You may have heard that talking to insurance adjusters after a car accident can be risky. What you say can impact whether or not the adjuster approves your claim and the total value of your payout. So, is it better to hire a car accident lawyer in Queens, NY, before speaking with an adjuster?
This may be wise, especially if your case is complex or you anticipate needing a lawyer down the line anyway. A New York car accident lawyer can speak with the adjuster on your behalf and help you avoid saying anything that might hurt your claim.
Understanding the Insurance Adjuster’s Role in Your Accident Claim
The Insurance Information Institute reported that in 2021, New York was the most expensive state for auto insurance. This means that drivers in New York paid more for auto insurance that year than any other state, averaging $1,511 in annual costs. In terms of auto insurance spending as a percent of median household income, New York ranked seventh in a 2018 study.
Car insurance is relatively expensive in the state, so when you are involved in an accident, you expect the adjuster to be on your side and provide the necessary reimbursement. But insurance adjusters are not necessarily on your side; they work for the insurance company. These professionals are responsible for:
- Reviewing the applicable policy limits and rules to see what types of losses are covered
- Investigating the accident to piece together how it happened
- Determining who was at fault for the accident
- Assessing the damage and financial losses suffered
- Calculating the value of the claim
- Offering a payout to settle the claim while keeping costs low
So when an adjuster calls you to discuss your car accident claim, they aren’t just collecting details about the accident. They may also be looking for holes in your story that indicate your claim is not worth as much as you say it is.
Potential Risks of Speaking With an Insurance Adjuster on Your Own
Hiring a New York car accident lawyer before talking to an insurance adjuster may be a good idea because of the potential risks of talking to an adjuster on your own. If you aren’t careful, you could make a mistake or say something that compromises your claim. Common potential risks include:
- Unintentional admissions of fault: Saying “I’m sorry” or “I didn’t see the other driver” could be misinterpreted as you admitting fault in the accident, even if you didn’t mean it that way. The insurer may frame this as comparative negligence, pinning some of the blame on you and reducing your financial recovery.
- Downplaying your injuries: The adjuster will likely ask how you’re feeling, and responses like “I feel okay” or “I’m doing better than I was” could suggest that your injuries are mild or improving faster than you anticipated.
- Agreeing to recorded statements: You may feel that you have no choice but to agree to a recorded statement, but you are under no obligation to do so. Recorded statements can be picked apart to hurt your claim.
- Misunderstanding medical authorizations: The adjuster may request that you sign medical release forms so they can review documentation related to your claim, but if you aren’t careful, you might provide unrestricted access to your larger health history. This could allow the adjuster to search for pre-existing conditions and invade your privacy.
How an Attorney Can Aid Your Insurance Adjuster Interactions
If you were seriously injured in a car accident, your insurance payout could make the difference between financially moving forward and remaining stuck with major expenses. Hiring an injury lawyer in New York can help you avoid mistakes that could hurt your insurance claim.
For example, an attorney can talk to the adjuster for you. Car accident lawyers are skilled in communicating with adjusters and providing only basic, objective details. This helps prevent you from saying the wrong thing to your adjuster.
Your attorney can also help you thoroughly evaluate insurance settlements before accepting them to ensure that they fully account for your damages. They can review any medical authorizations or other documents the insurer wants you to sign and ensure that you stay fully informed about what you are agreeing to.
If the insurer acts in bad faith or refuses to provide a sufficient payout, your personal injury lawyer can provide legal representation in a lawsuit and help you stay within the car accident statute of limitations.
Contact a New York Auto Accident Lawyer
Whether you need help talking to insurance adjusters after an accident or navigating the compensation process, Elliot Ifraimoff & Associates, PC, can provide legal guidance and support. Contact us today at 718-205-1010 to request a free consultation with a New York car accident lawyer.
Frequently Asked Questions
What should you not say when talking to an insurance adjuster?
Generally, when talking with an insurance adjuster, you should avoid giving any details beyond the basic facts of your case. Especially avoid phrases like “I’m sorry,” “I’m fine,” or “I’m not hurt,” which could be interpreted as reasons to deny your claim or assign you a percentage of the blame.
Can you trust your insurance adjuster?
You generally shouldn’t fully trust your insurance adjuster to be on your side. They work for for-profit corporations, which means they are motivated to protect their employer’s bottom line rather than provide you with the maximum payout. While they might appear to be on your side or have developed a friendly rapport with you, you must exercise caution when speaking with them.
What questions do insurance adjusters ask?
Insurance adjusters often start by asking how you are feeling and about the basic facts of the accident. Then, they might move to more detailed questions to learn exactly how the accident happened. For example, they might ask if you were distracted or using your cell phone during the accident. When in doubt, you can have your New York car accident lawyer speak with the adjuster on your behalf, or at least have your attorney present during conversations.