Talking to the insurance company.
An adjuster may call within days of an accident. Knowing whose side each insurer is on makes those calls easier.
Two different insurers
Your own insurer has a contract with you. Your policy may require you to report an accident promptly and to cooperate with its investigation, so read it.
The other side’s insurer is paid to protect the other side. The adjuster may be friendly, but their job is to settle claims for as little as possible. You are generally not required to give them a recorded statement.
What you can say
- Your name, the date and place of the accident, and that you are getting medical care.
- That you are not ready to talk about your injuries, or that you want to speak with someone first.
- A request for the adjuster’s full name, company, direct number, and the claim number. Write them down.
What to hold back
- A recorded statement. Statements can be used against you later, and you cannot take them back.
- Guesses. Speeds, distances, and who was at fault. Say “I don’t know” when you do not.
- “I’m fine.” Many injuries show up later. Say you are still being checked by your doctor.
- A broad medical records release. It can open years of unrelated history.
- Signing anything that says “release” or “final settlement.”
About the first offer
Early offers often arrive before you know what treatment you will need or how long recovery will take. Once you sign a release, you usually cannot ask for more. Wait until your doctor can describe your recovery, and have someone you trust read the release.
Keep a log
Write down every call and letter: the date, who you spoke with, and what was said. Kindred’s insurance claims tool keeps claim numbers, adjusters, and this log in one place, and the call tips give plain wording for each of these situations.
When to bring in a lawyer
Consider one if you were seriously hurt, fault is disputed, the insurer is denying or delaying the claim, or the offer does not cover your costs. Most injury lawyers offer a free first consultation.
General information, not legal advice. Your own policy and your state’s rules may require things not covered here. Kindred is not a law firm.