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Why You Shouldn’t Talk to the Insurance Company After a Car Accident

By Attorney James Whalen | Published on July 1, 2024

Car accident victims yearn for help when it comes to their damages. Critical factors in a civil case are who you should talk to and who you should not.

Not everyone who offers to help you is on your side. Perhaps the one most against you is the liable party’s insurance company. While their tactics are not personal, they aim to pay you little or no compensation because they want to protect their bottom line.

If you or a close loved one suffered harm in a South Carolina car accident, consider contacting an attorney. Your attorney can protect your best interests by firmly negotiating for a fair settlement.

What Does an Insurance Adjuster Do?

They examine claims, review damages, and determine settlement offers.

An insurance claims adjuster investigates and closes claims. A car accident claim involves carefully reviewing evidence and the cost of the claimant’s damages. The adjuster then determines what, if anything, they will pay in compensation.

Like a personal injury attorney, an insurance adjuster may examine:

  • Witness statements
  • Accident scene photographs
  • Police reports that identify the liable party
  • Medical records and associated costs
  • Proof of lost wages or employment due to injuries.

An adjuster will search for errors or other factors that protect their client. They then generally use this information to benefit their client and company. Personal injury attorneys are familiar with the multiple tactics adjusters use to underpay accident victim damages.

An insurance claims adjuster does investigate your accident. However, they do so on behalf of their client, and their efforts are not in your best interests.

A Greenville car accident attorney is familiar with insurance adjusters and the types of information they seek. An attorney can ensure the correct information is exchanged for your case.

Insurance Adjusters Will Use Your Statement Against You if They Can

Insurance companies protect policyholders and profits above all else.

A misconstrued statement can cause irreparable harm to a civil case. An insurance claims adjuster will seek any avenue to deny or underpay your claim.

Social media posts, emails, or texts to friends about the crash can fall into the wrong hands. If an insurance adjuster can use your statement against you, they will. A simple Facebook post containing a photograph of your accident may provide a piece of evidence an adjuster will use to fight to pay compensation. Comments on your post may also prove harmful if a friend knows the liable party and shares the post.

Insurance adjusters have a job to do. Personal injury attorneys also have a job to protect clients from aggressive adjusters and fight for what clients deserve. Entrusting your case to a South Carolina personal injury attorney removes the pressure from your shoulders. Attorneys know what to say, how to say it, and when to say it. A statement is hard to retract once noted in a police, insurance, or court document. The less you say to an insurance adjuster, the better for your case.

What Not to Say to the Insurance Adjuster After a Car Accident

Never admit fault, no matter how bad you feel about the crash.

Emotions can run high following a car accident. Immediately and for weeks or months to come, many victims experience sadness or anger about their injuries. Compassion and empathy can also be genuinely felt for other victims, such as the responsible driver or their injured passengers. An insurance adjuster can play on your emotions in a way that negatively impacts your civil case.

Car accident victims should never apologize or admit fault to an insurance adjuster. While feeling sorry for other victims is understandable, holding them accountable for their actions is crucial. A civil case may prevent the same driver from harming someone else. Protect your case by not admitting fault or apologizing to an insurance adjuster.

Some car accident victims are eager to provide information to receive compensation faster. However, saying yes to a settlement offer prevents you from pursuing additional compensation later. Medical needs can change as victims deal with severe or catastrophic injuries. The compensation you accept now closes your claim and prevents you from pursuing a lawsuit.

If an insurance adjuster for the responsible party contacts you, consider contacting an attorney as soon as possible. Your attorney can manage communication with the adjuster on your behalf.

What You Should Do When Talking to an Insurance Adjuster After a Car Accident

“Talk to my attorney” is all you have to say.

An insurance adjuster may appear friendly and eager to help you. However, they intend to get you to accept a settlement without a lawyer. This action benefits them — not you.

If an insurance adjuster can get you to accept a settlement offer before you contact a lawyer, they can close your claim. Chances are the amount offered is far from what you need or deserve. One wrong misstep can harm your chances of securing compensation for your damages.

No one needs pressure from an aggressive insurance adjuster as they attempt to rest and heal. Referring an adjuster to your attorney gives you more time to focus on your recovery and protects your right to fair compensation.

Whalen Montalvo Attorneys at Law

Stand firm with insurance adjusters.

An insurance claims adjuster is an experienced professional, one who is challenging to manage alone. At Whalen Montalvo Attorneys at Law, they understand how adjusters operate and negotiate.

James Whalen and Eric Montalvo have years of experience and the professional skills necessary to take on insurance companies. They treat each client with care and compassion throughout the legal process.

A car accident is an emotional and overwhelming experience. However, you must say nothing to and sign nothing for an insurance adjuster. Instead, contact Whalen Montalvo Attorneys at Law. They will protect your best interests while managing insurance adjusters and your case.

Call (864) 770-7710 to schedule your free consultation today.

James M. Whalen

I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.

I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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