Regardless if it is the at-fault driver’s insurance carrier or your own, it is important to speak with an attorney before you speak with any insurance company representative. Be very cautious when speaking to an insurance company adjuster. They’re taking notes. Follow this list of things not to do when you are called by an insurance adjuster:
- Do not speak to the adjuster directly. Let someone else do it. If you’re not the owner of the car, let them speak with the owner. If a property damage adjuster calls you, it is best to have a family member or friend talk to the adjuster. Any statements from your aunt or sister or brother cannot be used against you in a court of law. However, anything that you say to the insurance adjuster can be used against you later in court especially regarding your injuries.
- Let them know the name and contact information for lawyer representing you or tell them that your lawyer will be in contact with them in a couple of days.
- Keep any conversation you or a family member has with any insurance adjuster, especially an adjuster from the other side’s insurance company, as brief as possible.
- Take pictures! It’s always amazing to me how adjuster’s photographs show very little damage to your vehicle. Even when it is totaled. Take clear pictures and preserve them.
- If you do not have a family member or friend who can talk to the adjuster for you, and you must talk to him/her then I recommend that you
- Do not tell them anything about how the crash took place. State only that you were in an accident, that you need your car fixed and that you need a rental.
- Do not tell them about any injuries. Let me repeat that: Do NOT talk about injuries.
- Tell them that you have hired a lawyer to represent you, and that you do not want to make any statements to them at this time.
- Do not allow the adjuster to record the phone conversation. Under Florida Law it is a third degree felony for anyone secretly to record another individual. Therefore, insurance companies cannot record any conversations with you, unless you give them permission. If you are on the phone with them, please state specifically that you do not give permission to record the conversation, and understand that the law applies equally to you, too. You also are prohibited from recording the conversation without permission.
- Never meet a property damage adjuster — or any type of insurance adjuster — in person, whether it be to inspect your damaged vehicle or for any other reason. Once you are alone with an adjuster you open the door to possibility of the adjuster saying whatever is in the insurance company’s interest about what the adjuster observed or heard while alone with you. Do not give them the opportunity to make up things or come up with statements to be used against you later.
If you have any questions regarding dealing with insurance company adjusters in an auto accident case or any type of accident injury case, call Tampa Attorney Martin Hernandez at 813.755.9500. Call now and get Lawyered Up!
