What Not To Say To Insurance Adjusters

When you have been injured in an incident that was not your fault, you must be careful about what you say to the insurance adjusters. This is true whether you are simply filing a claim through your own insurance policy or if you are making a demand against the at-fault driver’s insurer. That’s because insurance companies are for-profit businesses that have a vested interest in paying out as little as they can get away with. If you say the wrong thing to an insurance adjuster, you could lose a lot of money and possibly have your claim denied. That’s a mistake you can’t afford to make.

At Stewart Law Offices, we have been helping injured South Carolinians navigate the insurance settlement process for more than 25 years. Keep reading to learn the five things you should never say to an insurance adjuster – and don’t hesitate to contact us if you need help from an experienced South Carolina car accident lawyer.

1. Do Not Admit Fault

You do not want to say anything to an insurance adjuster that could be taken as an admission of fault. To recover compensation, you’ll need to show that someone else was responsible for your injuries. If you admit fault for the accident, even if you say you are only partly responsible for what happened, your claim could be drastically reduced in value or denied outright.

Some key phrases to avoid saying to an insurance adjuster include:

• “I’m sorry.”
• “It was all/partly my fault.”
• “I did not see the other person/driver.”

An important thing to understand about the fault is how it can be split between multiple parties. Under South Carolina’s comparative negligence rules, you can recover compensation for your injuries as long as your portion of fault for the accident is 50 percent or less.

However, if you are found partly at fault for your injuries, the compensation you receive will be reduced in accordance with your degree of fault. For example, if you are found to be 20 percent at fault for an accident, you would lose 20 percent of whatever compensation you are awarded. While these rules technically only bind the courts, insurance companies make decisions based on what they think would happen at trial. If an insurer’s legal team thinks it could prove you are 20 percent at fault in a trial, they’ll factor that into whatever settlement figure they offer you.

To maximize your potential compensation in a personal injury case, you must avoid saying anything that could potentially implicate you in the accident.

2. Do Not Minimize Personal Injuries to Adjuster

When discussing your injuries with an insurance adjuster, you need to walk a fine line. You do not want to exaggerate your injuries. Doing so could call your whole case into question and jeopardize your ability to get any compensation at all. However, you need to account for all the injuries you have suffered and the pain you are in.

Trying to “tough it out” after an accident or downplaying your symptoms can backfire. For one thing, the full extent of your injuries may not be apparent yet. If you downplay your injuries early on, the insurance company may doubt you later if your symptoms become more serious. Also, you have the right to seek compensation for all your injuries and should absolutely exercise that right. Minimizing your injuries only hurts you in the long run.

3. Do Not Describe Your Injuries

The best way to avoid minimizing or exaggerating your injuries after an accident is simply not to talk about them with an insurance adjuster. If an insurance adjuster asks you to describe your injuries in detail, you can refer them to your car accident lawyer.

Also, you should not let an insurance company look at your medical records directly. If you give an adjuster a blanket records release, they can go through your entire medical history and look for information to weaken your case. For example, you could have a pre-existing condition or prior injury that the insurance company claims impacts your more recent injuries. Do not give the insurance company any ammunition to use against you. Instead, let your lawyer present your case in the strongest way possible.

4. Do Not Hypothesize What Happened During the Accident

When describing an accident to an insurance adjuster, do not say anything beyond what you experienced directly. You do not want to speculate about what happened because you could accidentally blame yourself. The insurance company could then have a good excuse to reduce your compensation.

You do not have to answer questions you are unsure about. If you do not know exactly what happened or cannot give a definitive answer about some aspect of the case, it is perfectly fair for you to say, “I don’t know.”

5. Do Not Provide a Recorded Statement

Do not agree to let an insurance adjuster record your statement. It is far too easy to make a mistake you can’t take back. If your statement is on the record, it could come back to haunt you. Your better option is to submit a statement in writing about what happened in the crash, as a written statement gives you more control over what you say. Also, your attorney can review the statement before you submit it to make sure nothing you’ve said could hurt your case.

How Do Adjusters Determine Who Is at Fault?

Insurance adjusters look at the available evidence to determine who caused a crash. They’re looking for proof that you or someone else caused the collision because you were careless, broke traffic laws, or acted aggressively. Some evidence they might review includes:

• The police crash report – The official accident report provides a law enforcement officer’s notes of where and when the crash happened, who was involved, and what may have caused it. Most insurers require a crash report to be submitted with car accident claims.
• Eyewitness accounts – Witnesses can provide crucial details on a crash’s cause. For example, if an eyewitness saw one driver looking at their phone before the crash, their statement may indicate that the driver was distracted.
• Surveillance footage – Video footage of the crash can provide an unbiased perspective into what happened, which may be vital if both drivers deny fault for an accident.
• Photos of the accident scene – Photos of the crash site, damage to the vehicles, skid marks, and road debris can illustrate how the crash occurred and resolve issues regarding liability.
• Vehicle damage – The location and intensity of damage to each vehicle can indicate how the crash likely occurred.

What happens if you’re at fault in a car accident with insurance?

In these circumstances, your insurer may pay for the other driver’s injuries and other losses, up to your policy limits. However, if the other party takes their case to court, you may be responsible for any losses that exceed your liability coverage.

On the other hand, how does car insurance work when you are not at fault?

If you didn’t cause the accident, you can demand compensation from the other driver and their insurer. If your case goes to court and you’re awarded compensation, the other driver is responsible for whatever their insurance company won’t cover. An experienced South Carolina car accident lawyer can help you seek maximum compensation for your losses.

Contact Our Lawyers If You’re Having Issues Dealing With an Insurance Adjuster

Dealing with insurance companies on behalf of accident victims and helping them recover maximum compensation is what we do at Stewart Law Offices. If you have been injured in an accident and an insurance company is pestering you, contact us immediately for a free consultation with a South Carolina car accident attorney.