If you are injured in a car accident, and/or have property damage, you will need to file a claim with the at-fault party’s insurance company. Some insurance providers require you to do this by phone, although you may be able to file online. Even so, you will still probably receive a call from an insurance adjuster.
If you have hired a personal injury attorney, it’s best not to speak with the insurance adjuster at all. Saying the wrong thing can negatively impact your case. Instead, refer the adjuster to your attorney.
If the adjuster insists on speaking to you personally, say that you’ll be happy to do so, but you’ll need to have your attorney on the line as well.
If an insurance adjuster calls and tells you your call is being recorded, be aware that you have every right to decline to be recorded. You have no legal obligation to allow them to record the call. You don’t want a recorded statement containing misstatements you may make due to your confusion or pain to be used against you later.
Tell the adjuster that you they do NOT have permission to record you. If they push, refuse politely but firmly. Let the insurance company know that you will be happy to speak with the adjuster when your attorney can be present on the call.
If you have not hired an attorney, consider doing so. TorkLaw offers free, no-obligation consultations, and it is very possible that we can help you obtain even more compensation than you could on your own, even after attorney fees.
Although we do recommend having an attorney, we also offer information about “Dealing with Insurance Companies” in this article, and also in our book, Accidents Happen: A Consumer’s Guide to the Personal Injury and Wrongful Death System. Read it free online.