The Risks Of Having Contact With An At-Fault Party’s Insurance
There is rarely a good reason to provide a statement to the insurance adjuster right after the collision because it is very easy to misstate something or misunderstand a question, particularly if the injuries suffered are severe and any pain medication is involved. It is easy to get confused, and the benefits of talking to the adjuster are not going to outweigh the risks.
The assumption often made is that an insurance adjuster is only trying to help and get information about how the collision occurred. And, while some of that might be true, they are often mainly trying to obtain information that can be used to deflect responsibility from their insured party and redirect it onto the person that was injured.
For example, they may be trying to find out about any past injuries or treatments that the injured might have had, other collisions that they have been involved in, or other claims that they have made.
Therefore, it is not advised for individuals to talk with the insurance company in regard to the pain or problems they are experiencing at the time, especially if they have been put on any medication as a result of an ER visit or a visit to their personal doctor.
The best course of action is to relay involvement in the crash, indicate that the other party was at fault, explain what happened, and then stop and firmly state a preference to speak with them at a later date once injuries are alleviated and pain medication is no longer necessary. Finally, talk to an attorney about whether or not it is advisable to give a statement in any more detail than what was communicated to the insurance adjuster.
At What Point Should The Injured Person Hire a Personal Injury Attorney? Should You Wait Until The Insurance Company Denies A Claim Or Offers A Meager Settlement?
It is better to talk with an attorney early in the process so that you can avoid some of the pitfalls that often occur when trying to represent oneself.
If the responsibility for the collision is clear and the injured is pain-free after 2 to 4 weeks, hiring an attorney is probably unnecessary. However, a discussion with an attorney is still advised before attempting to resolve a claim because oftentimes individuals are not aware of all of the aspects of their damages that they can claim as a part of their recovery.
Additionally, sometimes injuries that they thought might be close to resolving can persist and require more treatment than was initially thought to be needed at such an early stage.
So, it is better to be patient and confirm with a doctor that all injuries have fully resolved before any attempt to address the claim independently – and consult with an attorney to best navigate the situation.
Most attorneys will spend time communicating the process with clients on the phone so that they can be effective representatives for themselves. More often than not, they find out that there are procedures that the attorney can do for them that they cannot do for themselves as effectively.
Overall, individuals should not wait to talk to a personal injury attorney; it is better to talk to them early in the process, not only because they can provide more information, but because they can explain the importance of documentation and what to document.
Furthermore, an attorney can start looking for the witnesses that would have been documented in the police report or that have been documented by the individual following the collision. Communicating with an attorney early on is advisable for a plethora of reasons including the potential for witnesses to move, change their phone numbers, or forget details of the situation.
The earlier an attorney is contacted, the earlier the attorney can try and reach out to the witnesses, get statements, and start to build the claim. For more information on Auto Accident Cases in Nebraska, an initial consultation is your next best step.
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