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You’re sore, you’re stressed, and your car is sitting in a local repair shop off New Haven Avenue. Then, your phone rings. It’s an insurance adjuster from the other driver’s insurance company, sounding incredibly friendly, helpful, and concerned.
They may seem genuinely concerned for you and sound like they want to help but this is not their goal at all. Their mission is to save themselves money. Remember, the call is being recorded and can be used in court down the road.
In Florida, what you say in the hours and days following a car accident can completely derail your personal injury claim. To protect your rights and your recovery, here is a guide on exactly what not to say when an insurance adjuster calls right after a crash.
1. You Don’t Have to Talk to Them
If you hire an attorney to handle your case, you can simply refer all calls to your attorney. An injury lawyer knows the tricks of the trade and will know exactly how to handle the call. They will give the adjustor only pertinent information, and they will avoid giving them information which could be used to hurt your case.
2. Don’t Say “I’m Fine” or “I’m OK”
We have a tendency to throw around those phrases even when we are not fine or OK. They have just become part of our everyday language. Believe it or not, insurance adjusters will use these throwaway lines against you and your case. If you do decide to speak with the adjustor, be careful what language you use and only give them the essential information.
Don’t make small talk. They are looking to trip you up. Instead, you can say something like “I am still evaluating my injuries and seeking medical attention.”
3. Don’t Try to Guess Details or Fill in the Blanks
Insurance adjustors love when the person they are calling is very talkative and polite. The more you say, the more they have to pick over later in an attempt to weaken your case.
What to say instead: “I don’t want to speculate. The details will be outlined in the official police report.”
4. Don’t Say “I’m Sorry”
Again, this is language which is basically built into our daily interaction with other people. It is a nicety that can actually be used against you. If you say “I’m sorry” at any point during a conversation with an adjuster, they will take it to mean you are taking blame.
If you absolutely must talk to an adjuster, keep the conversation simple and stick to the facts. Don’t give into their attempts to get you speaking freely. It won’t help you and can only hurt you.
5. “Yes, you can record this call”
The adjuster might say, “To make sure I get your story right, do you mind if I record this line?”
Why it hurts your claim: You are under no legal obligation to give a recorded statement to the other driver’s insurance company. Recorded statements are carefully designed traps. Adjusters are trained to ask leading questions that can trick you into minimizing your injuries or admitting partial blame.
What to say instead: “I am not comfortable giving a recorded statement at this time.”
6. “I don’t have a lawyer yet”
Don’t admit to not having an attorney. They will see this as a weakness on your part and work quickly to make you a low-ball offer. They will dangle an amount that is a fraction of what the case is worth in order to get you to settle quickly.
What to say instead: “I am currently consulting with an attorney, and they will be handling all future communications regarding this claim.”