I was in an accident on tuesday. It was the other drivers fault, they were ticketed. I have not really hired an attorney but I have talked to them. They told me not to give a statement to the person's adjuster. Why is the adjuster from their insurance calling me to investigate when It was their clients fault? They got a ticket and they admitted fault right after the accident. I almost want to go ahead and give a statement just so I can get a settlement for the car but I'm scared that I could possibly say something that would make me look like i'm to blame or they could find a loop-hole through what I say?
2006-12-28 09:51:38 · 7 answers · asked by physical_graffiti402 2 in Cars & Transportation ➔ Insurance & Registration
If you have competent legal advice telling you not to make a statement, don't. Let them figure it out via the police report. Refer them to the attorney that gave you the advice not to comment. You should, of course, make a statement to your own insurance if they should happen to ask.
2006-12-28 09:56:14 · answer #1 · answered by oklatom 7 · 1⤊ 1⤋
Do you know what their investigation has revealed thus far? Then you have no way of knowing why they need your statement. Insurance companies have to investigate all losses. For most companies that involves taking statements from everyone and sometimes that is EVEN IF liability is clear. It's your choice as you are not contractually bound to give one. However, if a dispute arises and they don't get one then they'll make a decision with the information they have available to them. And by the way, police don't make liability decisions and tickets are not the deciding factor in an insurance investigation. If I had a dollar for every time someone thought that.....
If you get an attorney you wouldn't be speaking to anyone, your attorney will do the talking. Good luck with that. If it's so clear, and you have nothing to hide, I'm not sure about your reluctance, but that's your choice.
2006-12-28 22:04:13 · answer #2 · answered by Chris 5 · 0⤊ 0⤋
Listen, dope, the lawyer is smelling blood and you are the cut bait. A statement is standard procedure and is done thousands of times daily. If you refuse, the other company (depending on their mood and if they sniff a lawyer in the crawlspace) may deny liability on that basis. Then your company will handle your damages through your collision and subrogate the other company...providing you are indeed not at fault. However, they may also want a statement. If you refuse they could also deny payment. Just read your policy if you don't believe me. A word of advice: lawyers work for themselves only, 100% of the time. Their clients are nothing but cockroaches to them and they do not give one thin damn about you AT ALL. They will say and do anything to make money. Do what you want but be warned, no insurance company is afraid of some scummy lawyer or YOU. The better you cooperate the faster this is resolved.
2006-12-28 21:58:39 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Please... attorneys are SCUM not looking out for you and instead doing anything they can to try to make a claim turn into a lottery winning for themselves.
As an adjuster- I am not trying to make anyone say something to get them blamed for an accident. I simply must get as much evidence as possible before I make a liability decision. This means getting the police report.. doing statements from all parties/witnesses/etc. then making the decision on liability based on the evidence and not based on "not wanting to pay"
The second you tell me as your adjuster that you have an attorney- we can never talk again. Which means everything takes TWICE as long to get done and i dont change how i do the claim whatsoever.
My advice- cooperate with the insurance company if you want this claim to be resolved as quickly as possible. Sure, if you start to feel weary- hire an attorney (and say goodbye to 1/3 of your money) but why automatically expect the worse of people without even trying to work with them?
2006-12-28 19:16:42 · answer #4 · answered by la428282 6 · 1⤊ 0⤋
Most of the time, the adjuster would like to talk to you to confirm the details and make sure this isn't a scam. There are people out there who injure someone, have their insurance pay - and the injured party shares the money. They may also want to check to see what other services you may need (work loss benefits, therapy) etc...
2006-12-29 05:30:58 · answer #5 · answered by PeppermintandPopcorn 3 · 0⤊ 0⤋
Let you insurance company handle it. Don't get caught in a trick bag saying something to a lawyer that they may turn against you. Some lawyers are only looking out for money, instead of doing what's right.
2006-12-28 18:13:14 · answer #6 · answered by done wrenching 7 · 0⤊ 0⤋
Seeing as it's your insurance company that'd have to pay out anything on your behalf, and you're paying them for cover, make them earn their keep - explain the situation, that the other driver has accepted responsibility, and ask what you should say to his insurance people - better yet, give your statement to your company, and get them to sort it out.
2006-12-28 17:56:24 · answer #7 · answered by InitialDave 4 · 1⤊ 0⤋