When you are involved in a traffic accident or any other kind of injury-causing incident, there is a good chance that you will be contacted by an insurance adjuster or risk management department before too long. If you are nervous or unprepared, that phone call can be a little overwhelming.
It’s never a good idea to speak to these people without an experienced personal injury on the line with you to prevent them from asking improper questions. However, if you put the following tips into practice, you can maximize your chances of a productive conversation and a fair resolution:
Get the Insurance Adjuster’s Details
Whenever you receive a call in relation to a legal matter, it is a good idea to make a note of the caller’s name and contact details – in case you need to refer back to the conversation at a later date and to have a full understanding of whose interests they represent. That advice holds true when communicating with an insurance adjuster or risk management department.
Generally, you will want to ask them for their:
- Name
- Phone number
- Business address
- Employer
- Name of the insured individual they represent
Take Notes of the Conversation
Your conversation with the adjuster could potentially play a big role in your personal injury case. As such, you should try to take down as many notes as you can during the call; you may need to refer back to them in a few weeks, months, or even years. You should also ask them if the phone call is being recorded and, if so, demand a copy of the recording before going forward.
Remain Friendly and Polite
Though you may be frustrated about the accident, you should always aim to be polite to the adjuster. Even though they are on the side of the insurance company or the party that injured you, they are still human. If you are kind and polite throughout the conversation, they may treat your case with more care and attention than they otherwise would have.
Avoid Giving Details About the Accident
During the phone call, the insurance adjuster is likely to ask you to give a statement about the accident. It is generally in your best interests to avoid discussing anything beyond the basics. You can tell them where the accident occurred, when it happened, and which vehicles were involved, but do not need to go into a great deal of detail.
You will be able to give a full account of the accident in the form of a personal injury demand letter at another time.
Do Not Discuss Your Injuries with the Insurance Adjuster
While speaking with the adjuster, they may ask you about the injuries that you have suffered. You should do your best to avoid discussing the matter. If you do talk about your injuries, you might inadvertently forget to mention something or downplay the severity of your injuries – both of which may later be used against you during your case.
If the adjuster insists on pushing for an answer regarding your injuries, you can simply let them know that you are still undergoing treatment.
Resist the Push for a Quick Settlement
Depending on the specifics of your case, it is possible that the adjuster will offer you a settlement during your initial phone call. Although it can certainly be tempting to take the quick cash offer, it is rarely a good idea.
Since your injuries occurred fairly recently, you do not yet know their full extent or the treatment that may be necessary. If you accept the instant settlement and later find out that your medical problems are more serious than you previously thought, you almost certainly won’t be able to get any additional compensation from the insurance company.
It is always best to discuss any settlement offers with an experienced personal injury attorney before accepting. They will be able to tell you if the offer is fair or if you should be entitled to more.
Due to abuses by insurance companies in making quick settlements before the injured victim has learned the full extent of their injuries, Nevada has enacted a new law, signed into law by Governor Sisolak in June 2019. That law allows a person who settled a claim within 30 days of the injury while unrepresented by an attorney to void the settlement and release within 60 days so long as the settlement funds are returned. You can find the necessary form here.
Contact an Experienced Personal Injury Lawyer Today
Since our founding in 2004, the law firm of Cap and Kudler has helped hundreds of Las Vegas residents with their personal injury cases – and we would love to serve you too. Whether your injuries are relatively minor or quite severe, we can work with you to get you the compensation you deserve. To set up an initial consultation with out of our skilled attorneys, just give us a call at (702) 878-8778 or contact us online.
