After a car accident, you should expect two things: frustrations and calls from insurance firms seeking more details. Although there isn’t anything that can be done to prevent the problems that arise after a collision, there are things you can do to plan for questions from insurance representatives and adjusters. Indeed, you should be planning what you’ll say and how you’ll say it because saying the wrong thing could jeopardize your otherwise legitimate pending personal injury claim against other drivers.
What happens after an Auto Accident?
Your insurance provider, as well as the insurance company for the at-fault driver, will most likely contact you shortly after the accident. You should expect an insurance company representative to be excessively polite about it when you contact them. They might even say that you can trust them in the same way that you trust your favorite neighbor or a close friend. But don’t get lulled into a false sense of security.
Insurance firms, on the other hand, want to hear you say things that make you liable for the losses. The more responsible you are for your injuries, the less compensation they must have. Even if your state requires personal injury protection (PIP) insurance, inadvertently accepting fault will result in you having to pay more out of pocket for your damages, particularly if they surpass the coverage cap.
However, don’t take the insurance company’s tactics personally. When all is said and done, they are a profit-driven corporation.
Dealing with the Insurance Companies
Many decent people are working for insurance companies, but keep in mind that they are not your friends, and they are not in the business of making it convenient for people to get money. Clients can only consult with the insurance company adjustor about property damage issues, in my opinion. Just concerns about having the vehicle repaired or paid for if it is a complete loss. When and if the topic of the injury or how the accident occurred comes up, you must be extremely cautious.
You must comply with your auto insurance provider in Massachusetts if you are seeking coverage under your policy. If the insurance provider requests one, you have the legal right to give an Examination Under Oath. An oath examination is a formal, in-person statement in which a representative from the insurance firm, usually a lawyer, asks you questions that you must answer under penalty of perjury. You can never offer an Examination Under Oath without first consulting (and preferably hiring) an attorney. Even if they do not become a customer, we regularly provide free advice to people on this subject.
An insurance agent will sometimes request a Recorded Statement. In some ways, this differs from an oath-based examination. An insurance adjuster, not a lawyer, usually takes a Recorded Statement since it is not issued under oath. A documented statement is sometimes taken over the phone as well. The adjustor will query you and record your answers. As previously mentioned, when negotiating with the insurance provider, they have the right to an Under Oath Examination, which you cannot deny without losing your right to benefits. Your insurance provider can sometimes request a Recorded Statement (which you are not obliged to provide) before asserting their right to an Examination Under Oath. This gives the insurance agent two bites at the apple to see how your story changes in the future. If our client’s insurance provider insists on obtaining a recorded statement, we always recommend that we conduct an Examination Under Oath instead.
Also, we never advise someone to talk with the at-fault insurance company’s insurance adjuster without first consulting an attorney.
If you’ve been involved in a car accident, you have choices and a future. The process starts by contacting our Massachusetts car accident attorney, who will work tirelessly on your behalf to obtain the compensation you deserve.