“Anything you do say can be used against you in a Court of Law!” All of us have heard this line of the Miranda warnings on television, or perhaps even in our own lives. This is part of the speech cops give before they begin to question you after an arrest. These few short sentences can send chills down a person’s spine, and they really rack up the tension in our favorite television shows and movies. But did you know that these words have just as much meaning, and just as much impact, in a civil case like a car accident claim?
We’d like to thank our friends from Blaszkow Legal, PLLC for the following post about why speaking to insurance adjusters is a bad idea.
The Impact Of Speaking Without An Attorney
Most people have absolutely no idea that this is possible. But it’s true. In a criminal court, anything that you say can be used against you. The same is true in civil court. This is why it is so important to say as little as possible without an attorney advising you, guiding you, and by your side. This is never so impactful as when dealing with an insurance company!
Insurance Companies And Their Goals
Insurance, especially car insurance, is a multi-billion dollar industry in the United States. Depending on the facts of the crash, the levels of coverage, and a person’s injuries, one car accident can cost an insurance company millions of dollars! And there are over 100 million automobiles insured in the United States! Because of all of this money floating around, and the potential to lose so much of it, the insurance companies spend tens of millions of dollars every year training their insurance adjusters. What are they training them for? It’s simple. Their goal is to pay as little money as possible during an insurance claim. Their ultimate goal, of course, is to pay nothing at all.
The Role Of Insurance Adjusters
In keeping with this philosophy is the overall training of insurance adjusters, the very people that you speak to on the phone after an accident. They are trained generally to be very nice and very sweet, and to sound empathetic and caring. But never forget that they are merely the faces and voices of a multinational, multi-billion dollar conglomerate corporation. Their job is to lull you into a false sense of security so that you will think that they are on your side. The quicker your walls come tumbling down, the more they can get information that they can use against you in the claim!
What Can They Use Against Me
The short answer to this is everything. Different states practice different laws. In Virginia and Maryland, for example, the rules that govern car accidents are known as contributory negligence. This means if a claimant, that is the person who is injured, is found to be even 1% responsible for the happening of the accident, that person has no claim. They cannot recover. So depending on what you tell an insurance adjuster, they may find that sliver of evidence they need to deny your claim completely!
For example, if you said that you slowed down for a stop sign, but maybe you admit that you did not stop, this is enough for them to deny your claim, arguing that your negligence was partially at fault for the crash. In other jurisdictions, known as comparative negligence, they may use this argument to say that you are more than 50% at fault for the crash, and deny your claim thus.
What About My Own Insurance Company
Absolutely not! This is one of the number one mistakes that people make, thinking that just because you pay them, they are on your side. They are not. Remember, the other driver in the accident may be uninsured! Or they may not have enough insurance to compensate you. This means that your claim falls under an uninsured or underinsured motorist case. When that happens, your own insurance company is now going to have to pay those benefits, and now they too are trying to attack your case!
Protect Yourself By Calling A Lawyer
In order to protect yourself, always contact a car accident lawyer near you after a crash. The only person who benefits when you don’t talk to a lawyer is the insurance company.