Dealing with an insurance company after an accident can be tricky, especially when your word choice can significantly impact the outcome of your claim. So, what should you not say to an insurance company? Keep reading for guidance from our skilled Greenville car accident lawyers.
Avoid giving a recorded statement
Consult your attorney
Insurance adjusters may ask for a recorded statement about the accident. Politely decline this request until you’ve consulted with an attorney. Recorded statements can be used against you, and any inconsistencies in your account may harm your claim. Your attorney can guide you in providing information to an insurance company without jeopardizing your case.
After consulting with an attorney, there may be situations where you are required to give a statement to the insurance company. In such cases, it is important to remember the following.
Avoid admitting fault
Do not admit liability
One of the most critical things you should not say to an insurance company is anything that suggests you are at fault for the accident. Insurance adjusters are trained to try to coax you into admitting fault, even if you did nothing wrong. Even a simple apology can be misconstrued as an admission of guilt. In South Carolina, the concept of comparative negligence means that admitting partial fault can reduce your compensation. Instead, stick to the facts and let the investigation determine liability.
Avoid speculating about the accident
Stick to the facts
When discussing the accident, only provide factual information. Do not speculate or guess about details you are unsure of. Statements like “I think” or “maybe” can be used against you. If you don’t know the answer to a question, it’s perfectly acceptable to say, “I don’t know,” or “I need to consult with my attorney.”
Do not downplay your injuries
Be honest about your condition
After an accident, you might feel the urge to downplay your injuries, especially if they initially seem minor. However, some injuries, like whiplash or concussions, can worsen over time. Telling the insurance company that you’re “fine” or “feeling better” can hurt your claim if you seek compensation for medical treatment later. Always be honest about your injuries and ongoing symptoms.
Avoid discussing previous injuries
Focus on the current incident
If asked about your medical history, avoid giving too much information about previous injuries or conditions unless directly relevant. Discussing past injuries can complicate your claim, as the insurance company may try to attribute your current condition to a pre-existing issue. Focus on the injuries and damages caused by the recent accident.
Do not accept the first settlement offer
Consult an attorney first
Insurance companies often make quick settlement offers to minimize their payout. The initial offer is usually lower than what you deserve. Never accept the first settlement offer without consulting with an attorney. At Smith Jordan Law, we can help evaluate the offer and negotiate a fair settlement covering all your damages, including medical expenses, lost wages, and pain and suffering.
How Smith Jordan Law can help
Strong legal advice
Our experienced attorneys at Smith Jordan Law can provide guidance when dealing with insurance companies. We will help you understand what to say and, more importantly, what not to say to protect your claim.
Handling communications
We can handle all communications with the insurance company on your behalf, ensuring that your rights are protected and that you do not inadvertently say something that could harm your claim.
Negotiation and representation
Our team will negotiate with the insurance company to secure a fair settlement. If necessary, we are prepared to represent you in court to ensure you receive the compensation you deserve.
Smith Jordan Law is committed to protecting your rights after an accident
So, what should you not say to an insurance company? Avoid admitting fault, speculating about the accident, downplaying your injuries, discussing previous injuries, accepting the first settlement offer, and giving a recorded statement without legal advice.
At Smith Jordan Law, we are committed to helping you navigate these complexities and protect your rights. Contact us online or call (864) 343-2222 to schedule your free, no-obligation consultation.
