Being involved in a car crash is a very stressful experience. Many times you are hurt, and there are a thousand questions running through you mind. People think that if they call the insurance company they will be helped immediately. By calling the insurance company and giving them statements, you may end up saying something that could lead the insurance company to deny your claim, or use the statement against you later to misinterpret what you are saying. In this article, we will give you understanding of the positives and negatives of speaking with insurance company adjusters, and how to work with the insurance company while still protecting your legal rights. Often, you should avoid dealing with the insurance company for some aspects of the case, or all, depending on your situation. You need to cooperate (to a certain point) with the insurance carrier. Most times, having legal advice, and a lawyer on your side from the beginning allow you to cooperate and still be protected.
Cooperate, but get a Lawyer
We are often asked by our clients: “Do we need to cooperate with the insurance company after we get in a car accident?“ The answer most times is yes, you do need to cooperate. However, the best answer is that you should consult your attorney first before speaking to either the insurance company for the person who hit you or caused the accident, or your own insurance company. The attorney will assist you in cooperating and getting the necessary insurance documentation to the company.
Give a Statement Sometimes, Never Without First Speaking to a Lawyer
Vincent Ciecka, of the Law Offices of Vincent J. Ciecka, having been an insurance claims adjuster for many years and now a people’s personal injury attorney for many years, will tell you it is clear, that insurance companies are not a client’s best friend. They are in business to make a profit and their best interest is not necessarily your best interest. They always try to take either a recorded statement or obtain a written statement from a victim as soon as they call or are seen by a claims adjuster. The insurance company for the person who caused the accident has to protect their insured (the person who caused the accident) and will try to limit an injured person’s claim by the questions they ask in recorded and written statements. They will use the statements against you in later proceedings or trial.
You Often Have to Sue Your Own Insurance Company, They Know It and You Don’t!
There are also times when you have to sue your own insurance company. You may have no idea that if you give a statement or send in forms you could end up suing your own insurance company. However, if the person who hit you is uninsured, does not have enough insurance, or hits you and leaves the scene, you are likely to have to sue your own company. That is part of the insurance you pay for when you buy auto insurance. In those cases, your own insurance company has to step into the shoes of the defendant and act as the insurance company for the person who hit you. These would include both uninsured and underinsured motorist claims. However, it is not known generally for sometime whether the defendant is, in fact, an uninsured or underinsured motorist. So its best not to give a recorded or written statement to any insurance company until after you have had the opportunity to sit down with your own personal attorney and get advice to protect all of your rights.
While you must cooperate with your own insurance company, there is a time and place for everything. It is best to get the advice of an attorney before speaking with either the defendants’ or your own insurance company. Giving a recorded or written statement to an insurance company immediately after an accident, many times causes an injured person to lose their case. They often are worked up, emotional, and sometimes say things they wouldn’t normally say that puts blame on them. It is better to be safe than sorry, so contact your attorney or our office immediately following an accident. There’s nothing wrong and it is quite right to say to your own insurance company or a defendants’ insurance company,” I want to consult with my attorney before giving a statement”. Don’t risk putting your foot in your mouth. Finally, it is FREE to speak with a lawyer! There is no charge unless they win your case.
There is No Harm in Getting Legal Advice Because It is Free and Available
Our Law Firm is available to speak with you any time for your convenience. We can come to see you at your home or you can come into the office. After a car accident, many people are in need and we strive to be there for them after an accident. Take a look at what some of our clients say about how we served them. Check out more information on UM/UIM here, as well as our frequently asked questions. Call us now if you have problems, before you speak with the insurance company. Call us at 956-665-5709 and visit us at www.ciecka.com. We have offices in New Jersey and Pennsylvania and are here to help you if you get hurt or have questions. All advice is free and confidential. Sign up for our newsletter in the right sidebar and read our blog to keep updated with all of the information you need to know before something happens.
If you are hurt and need help, contact us immediately so we can go to work for you. We help injured people get compensation and medical treatment so they can get back to health and their daily activities without having to deal with the insurance companies.
