Why It's Important to Talk with a Lawyer Before Talking with an Insurance Company After an Accident

If you’ve been injured in an accident, one of the first calls you’ll get is from an insurance company, offering you a low-ball settlement. That’s their job – to pay you as little as possible.

They’ll tell you that the call is being recorded. BE VERY CAREFUL!

In fact, it would be a really good idea to talk with a lawyer before giving a recorded statement. A lawyer will explain the tactics that insurance company representatives use to minimize or even eliminate claims against their employer, the insurance company. They are just doing their job, but it shouldn’t be at your expense.

Why do insurance companies record their calls?

If they can get you to admit even a little bit of fault, or say something that they can twist, they will use that against you; particularly in situations where the liability for the accident is being contested. They’ll be clever about how they ask their questions, so that your answers can be used against you. For example, they might ask, “Did you see the car that hit you before it crashed into you?” If you answer “No, I was looking the other way,” they might twist that to mean that you weren’t paying attention.

They record calls so that they can look for inconsistencies in what you say happened. They’ll check the recording against the police report or what you might say months later in a deposition, if one is taken.

Talk to a Lawyer First to Know Your Rights

You have the right to remain silent. Sound familiar? The next part is true as well, “anything you say can and will be used against you.” Sometimes, it might be best to not give a recorded statement. They’ll persist, but there is no law saying you must give a recorded statement. They’ll tell you it is just their policy, and that the claim can’t move forward without. But that isn’t true.

With a lawyer working with you, no recorded statement is necessary for the insurance company to fulfill its duties to pay on claims for which their insured is found liable.

Also, by talking with a lawyer first, you may learn that your own insurance policy can be used to cover some of your initial expenses. They’ll be paid back by the liable insurance company through a process called subrogation. You don’t have to play the middleman. They’ll work it out, without you being involved.

Talk with a Lawyer Right Away

Even though your type of injury claim may have a tw0-year statute of limitations (The deadline by which you must file your claim), it is a good idea to talk to a lawyer about your situation as soon as possible. Also, because the consultation is free, you have everything to gain. A lawyer can help you anticipate what is going to happen. They can suggest treatment options you should consider. They can estimate the value of your case. They can explain why most cases settle rather than go to court. They can make you feel more comfortable with the idea of getting a lawyer’s help, if you decide you need one.

There isn’t any obligation when you call a lawyer for a free consultation. They’ve offered their time and experience to see if it might help you in your situation.

In addition to learning about how the legal process applies to your situation, you can also get a feel for the communication style of the lawyer with whom you are speaking. You should get the sense that they truly care about you, your health, and your family.