After a serious crash, the calls start quickly.
What the Insurance Company is Doing.
The insurance company begins building a case file beginning with the initial phone call and what you say during that call may plant a seed that will later be used to devalue your case.
Why the Insurance Companies Call So Fast.
Insurance companies routinely contact individuals involved in car crashes within the first twenty-four to forty-eight hours following the crash. They do this because:
- People who are overwhelmed tend to minimize their physical symptoms. You are more likely to say “I’m fine” when you are worried about costly repairs to your vehicle or how you will get to work, pick up your kids, or run to the grocery store.
- Most strain and sprain injuries do not become painful until hours after the crash. You may feel fine at the scene but may begin to feel pain in your neck or back later that evening or even the following day.
- You haven’t spoken to an attorney yet. You are more likely to make a statement that can be used against you later when you don’t understand the law. These questions may seem harmless at the time, but adjusters are trained to ask important and potentially detrimental questions in harmless ways.
- Early recordings are hard to walk back later in the case. In many cases, the insurance company may record your initial call. That recorded statement will be used as a central piece of evidence later in your claim.
No matter how nice the insurance adjuster may seem, they are not on your side. They are working from the outset to protect their policy holder, not your rights.
What You Should, and Shouldn’t Say
Do:
- Confirm your name and basic contact information.
- State that you were involved in the crash
- Tell them you are in the process of consulting with an attorney
- Ask for all of their requests to be put into writing
Do Not:
- Give a recorded statement without legal representation
- Speculate about how the crash happened
- Describe your injuries in detail as you likely do not know the extent of your injuries just yet
- Accept or discuss settlement offers
- Apologize or express fault in any way
What Happens When You Describe Your Injuries Too Soon
The number one way well-intentioned people unknowingly hurt their injury case is by attempting to describe their injuries before they have the entire picture. After a crash, your injuries may take days or weeks to fully develop. Adrenaline may mask your pain initially and soft tissue injury, herniated discs, or even concussions and traumatic brain injuries may not always show up immediately. Many times, x-ray or CT imaging at the emergency room may only tell a piece of the whole picture. You may feel “okay” the day of the crash and be unable to work a week later.
When you tell an insurance adjuster that your neck is a little sore, but that you are ok, you have just created a document that says you have described your injuries as minor. If you have an MRI later showing a disc herniation that requires surgery, your early statement will be used as evidence that the disc herniation did not happen as a result of your crash, but something else.
So, when an insurance adjuster asks you to describe your injuries, the best and most honest answer you can give is “I am still being evaluated by my doctors and do not want to comment on my medical condition at this time.”
What Happens When You Describe Your Injuries Too Soon
If you have already spoken with an adjuster or given a recorded statement, don’t worry, you likely haven’t destroyed your case or done any irreparable harm that can’t be undone. However, you should inform your attorney of your statement right away. Your attorney can request your statement and be sure they are on an equal informational playing field when negotiating your case. Early statements can often be contextualized, challenged, or addressed through subsequent medical records, but your attorney must know the statement exists in order to do so. What matters above all is transparency with your legal team.
How the Voelkel Law Firm can Help
You are not required by law to give a recorded statement in Virginia. You are not required to answer any questions from the insurance company before consulting with a lawyer. Telling the insurance company that you would prefer to speak with a lawyer before giving a statement is the most protective thing you can do in the hours following a crash.
If you have been involved in a car crash in Virginia and the insurance company is calling, give us a call to better understand your rights before calling them back.