A conversation with an insurance company after a car crash is not like a conversation with a friend or family member, even if the insurance company representative sounds like your friend.
Some things said to a friend would not be given a second thought. However, when those same things are said to an insurance company, they could be used against you. For example, if you are talking about what happened before a crash and you say, “I was in a rush,” the insurance company may use that statement to claim you were speeding or driving recklessly.
This is just one example of how an insurance company may twist your words to serve their interests. Below, we discuss other examples of how car insurance companies twist victims’ words.
If you were injured in a car crash, you should strongly consider seeking experienced legal representation. Insurance companies regularly deny and undervalue claims, and without an attorney, it may be very difficult to overturn a denial or negotiate a better settlement.
Comments That Could Hurt Your Case
It is generally best for crash victims to let their attorneys talk to the insurance company. Crash victims do not mean to say things that could be used against them. They are usually just being honest. However, crash victims often do not understand how different things could be perceived by the insurance company.
These are some examples of statements that could be used against you:
‘I Did Not See Him or Her’ or ‘He or She Came from Nowhere’
While these may be true statements, they could be interpreted in a way that makes it sound like you are partially to blame for the crash.
Saying “I did not see him or her,” raises the question of whether you were paying attention. The insurance company may claim you were distracted. All drivers have a legal responsibility to keep their eyes on the road and be aware of nearby traffic. Although the other driver may have violated traffic laws by coming at you from somewhere he or she was not supposed to, saying the other car came out of nowhere makes it sound like you were not remaining aware of nearby traffic.
‘I Do Not Remember Much of What Happened’
Once again, this may be a true statement. Maybe you suffered a head or brain injury, or the crash happened so fast there is no way you would know much about what occurred.
However, there is no need to tell the insurance company this. If you say this early in the process, it may call into question anything you say later in the process. In other words, the insurance company will use this type of statement to attack your credibility.
Even if you do not remember much, you should keep the focus on what you do remember. An experienced attorney can help you determine what to say to the insurance company when the time comes to make a statement on the record. Unlike the insurance company, our focus is on you recovering the maximum compensation.
‘I Had a Green Light So I Pulled Out’
Green means go, so you were within your rights to go. However, there is no need to say this because it makes it sound like you were not paying attention. This could be considered an admission of fault.
‘I Thought He or She Knew I Was Coming’
There is usually no need to get this in-depth with what you were thinking during the crash. It sounds like you assumed the other driver was going to do something, and this may have contributed to the crash. The insurance company does not need this type of information to process your claim. They only need to know what happened in the crash.
The insurance adjuster may press for this type of information, but he or she is only doing that to find something that benefits the insurance company’s interest of denying or underpaying your claim.
‘I Was Running Late’
The insurance company does not need this information to process your claim. Even if you were running late, you should not tell the insurance company. They may use this kind of statement to claim you were operating your car recklessly.
Call an Experienced Attorney Today
Galloway Jefcoat’s licensed Lafayette car accident attorneys have helped many crash victims recover compensation after being injured in a Louisiana car crash. There are no upfront fees or obligations with our services. Discussing your crash with us comes with no risk to you.
While the insurance company may tell you it is unnecessary to hire a lawyer, you should know they are only saying that because it would benefit them for you to not call an attorney.
The lawyers at Galloway Jefcoat are committed to pursuing maximum compensation and are even prepared to go to court if necessary.
Free consultation. No upfront fees or obligations. Call 337-984-8020.
June 11, 2021
Lafayette Parish