After an accident, it is common for insurance companies to contact accident victims. They will request that you provide them with an official recorded statement. The claims adjuster may make contact within a few hours or days after the crash, explaining that this is the standard procedure. They may request your recorded statement as well as a signed medical release so that they may gather medical records.
A claims adjuster works for the insurance company – not you. Therefore, they are often requesting this information so that they can mount a defense against your claim or find reasons to deny it outright.
First, you must realize that you do not have a legal obligation or duty to provide them with a recorded statement, and you do not have to provide a medical release to the other party’s insurance. While you are required to notify your insurance company of the accident, you still have rights to protect yourself.
You may find a letter in the mail after the incident that tells you that the company will close their file if you do not make contact or provide them with a written or recorded statement. This letter can be ignored, because any claim file may be reopened if you are not past the statute of limitations.
Why Not Give the Insurance Company a Statement?
Insurance adjusters are there to get admissions out of you that may reduce your settlement. They can trick you with questions, and even trick you into saying things that are not true to give them grounds to deny your claim.
They may also try to get you to admit on tape that you did not do anything to avoid the accident, or that you were partially at fault. They are trained to perform these tricks during investigations so that they can help save their clients (the insurer) money.
When litigation starts later, and your car accident attorneys file the official complaint, the adjusters will attempt to pin the statement against you and prove that you did not do anything to avoid the accident, or that you were partially at fault.
Why Not Give them a Medical Release?
Insurance companies use medical releases to collect all records from the past five years of treatments, and they do not provide you with copies of what they have obtained.
The purpose behind this tactic is to look for previous conditions that could exclude you from receiving compensation after your latest injury. Also, they will look for evidence that you did not seek treatment right away after the accident or that you failed to follow up on treatments. The essential point is this: They are looking for whatever methods they have to reduce or deny the claim.
What Should I Do Instead?
If the insurance company contacts you, kindly refer them to your personal injury attorney. While insurance companies are notorious for bullying victims out of their settlement, they will not do the same with someone who knows the law.
A personal injury lawyer can advocate for your rights and protect you against these tactics used by insurance companies and law firms to get you out of your legal settlement.
Ready to Take on the Insurance Company? Contact Clarke Today
The Law Offices of B. Clarke Nash, P.C. has been advocating for victims just like you for years, and he is here to ensure that you receive ample compensation for your injuries. After your accident, turn to Clarke with all your questions or concerns and get the help you deserve.
Schedule a free consultation today to explore your legal options and rights at 912-200-5292 or request more information online.