Crash victims often make a variety of mistakes that could hurt their claims for compensation. One of those mistakes is oversharing with the car insurance company.
When they get on the phone with the insurance company, the representative may make them feel at ease. Victims may start revealing details about their injuries, the pain they are experiencing, and what they remember about the crash.
Victims may wonder how this could hurt. They may assume it is clear the other driver is to blame. However, insurance companies are not going to assume that. They could say you are at fault based on flimsy evidence or logic. Short of that, they may dispute the severity of your injuries.
They could do these things simply by twisting around the things you tell them. Below, learn more about how insurance companies may twist your words to serve their interests.
Our Harrisburg auto accident lawyers are here to assist you after a crash.
Assigning Blame to the Victim
The insurance company is looking for some way to pin the crash on you. They are looking for any reason to claim you acted negligently and this caused or contributed to the crash.
While they can easily use statements like, “It was my fault” against you, they may also use other statements you might not think would be a problem. For example, if you simply say, “I was in a rush when the crash happened,” the insurance company may claim you were speeding or distracted.
If you say, “I did not see the other car,” the insurance company may say that means you were not paying attention or were distracted. “I thought he saw me” is another comment that could potentially be used against you.
You also need to be careful saying you do not know things. It may be better to simply say “no comment” or to say you need to confer with your lawyer first. If you say you do not remember much about the crash or say you do not remember specific aspects of it, the insurance company may call your credibility into question.
You do not need to go into detail about the crash itself. The insurance company can investigate and review the police report. You may not know all the relevant facts and you had a limited view of what happened. Speculating about what happened may hurt your claim.
Even if you think you may be partially at fault for the crash, it is best not to say this to the insurance company. You should discuss the issue with your lawyer, so he or she can assess what role, if any, you had in the crash.
Questioning the Severity of Your Injuries
You do not need to answer questions about medical issues that are unrelated to the accident. If you have a preexisting medical condition, this is something you should discuss with your lawyer. He or she can determine if it may have an impact on your claim and the best way to let this information come out.
If you tell the insurance company about a preexisting medical issue, you can be sure they will say it is the cause of your medical problems, not the crash.
Insurance company representatives are good at making themselves seem like they are your friend. This helps encourage people to speak freely and say things that may hurt their claim.
If the insurance company asks you about the severity of your injuries, you need to be cautious in how you respond. You do not need to give them specifics. They can learn more about your injuries from your medical records.
If you say, “it is not that bad,” or “I will be OK,” the insurance company may say that means your injuries are not that serious. This could be a pretense for them to devalue your claim or make a lowball settlement offer.
You can simply tell the insurance company you were injured and have sought medical treatment. You can politely tell the insurance company you do not want to provide more information at this time.
You are not going to get into trouble for not answering their questions. It is important to focus on protecting your interests and remembering the insurance company’s interests are not the same as yours.
Call Today for Assistance with Your Claim
Whether you have already filed a claim, your claim has been denied or you are unsure if you may have a case, give Schmidt Kramer a call today.
We offer a free legal consultation to personal injury victims. There is no obligation to hire our firm after this meeting.
Schmidt Kramer has a proven track record of securing favorable compensation for accident victims. We have secured more than $100 million in compensation on behalf of our clients.
Give us a call today to learn more. Ph: (717) 888-8888.