When it comes to insurance companies, they are in business to make money. They are not a non-profit organization and will not willingly share their money with you. Do they know that you have a claim? Absolutely. Will they admit it? Never.
As soon as your accident report is filed, you’ll be contacted by an insurance adjuster. His or her goal is to process the claim as quickly as possible and at the lowest cost to their employer – the insurance company. The adjuster who is assigned to work your claim has an agenda: to find ways to not put a dime in your pocket. Most adjusters are very friendly and personable. It is easy to believe they want to help you resolve your claim. However, it is all a numbers game to them. If they can find any hint that the accident and related injury were your fault, they have justification not to pay you. So be careful, be very careful of your choice of words when talking to an insurance adjuster.
Insurance adjusters are trained to fish out all the faults in your case. They will usually call you very shortly after the accident to discuss your claim. Contractually, you are required to cooperate in your own insurance company’s investigation. You do not, however, have to allow them to record your statement. Most adjusters will agree to send you a written questionnaire instead of subjecting you to a recorded statement. If you do not understand the questions being asked by the insurance company, you may wish to request the questions in writing so you may have them translated or take the time to speak to an attorney.
We advise our clients never to give a recorded statement prior to filing a lawsuit. I have never seen a recorded statement dramatically increase the value of a personal injury case, but I have seen situations where the recorded statement hurt the case.
In some instances, cooperation with the insurance company is unavoidable, such as an accident where the at-fault driver was uninsured or underinsured. The adjusters are counting on speaking to you before you have a chance to talk to an attorney. They hope this will ensure you have limited knowledge about your rights and the laws regarding personal injury claims in Missouri.
If you do speak with an adjuster before you have had the chance to meet with an attorney to review your claim, you should be prepared to answer their questions about the accident. Review your notes prior to speaking with them so your recollection of the accident is clear and concise. Ask them to provide you with copies of everything they request of you.
Also be prepared to ask them questions. The following are some examples of important requests that you can ask the adjuster:
- Instead of a recorded statement, can I get the questions in writing?
- Will you put in writing that the accident was not my fault?
- Will you obtain a recorded statement from the person that caused the accident, and can I have a transcript of the same?
- Will I have access to any and all medical records and bills that you are requesting releases for?
- How much insurance coverage does the person who hit me have? Can you forward me a copy of his or her policy?
- Will I have access to all statements you obtain from any witnesses?
- Are you going to do video surveillance of me? If so, will I have access to those materials?
- Can I have an index of information that you have already obtained from your system?
- Is there an umbrella policy?
Don’t be surprised if they hang up on you once you start asking them these questions. In their view, information gathering is a one-way street. They expect to be in control; they ask the questions, you provide the answers. They do not need to justify their interrogation practices to you, but the moment you begin to ask questions, they feel uneasy and threatened. It is unlikely they will volunteer to help you. Therefore, it is important to gather all of your facts and records and to contact an experienced attorney immediately. It could mean a difference of thousands of dollars for your claim. It is money you deserve for the injuries you suffered.
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