Yesterday I came across an interesting article which could have been titled “What to tell your potential personal injury client.” It addresses many misconceptions about PI lawyers and the role they play. And it comes from a credible source.
For example, one misconception the article addresses is that the insurance adjustor is there to help the client with his or her injury case. The insurance adjustor essentially works for the negligent party and/or their insurance company and has no duty to protect the client’s rights or even tell him/her what the law is. Just because one is reasonable with the insurance adjustor does not mean that the insurance adjustor will be reasonable with the client. Remember, insurance adusters are trained to pay clients as little for the claim as possible. Sometimes this means intentionally frustrating the situation in the hopes that the parties will give-up and go-away. If an individual decides to try to handle the case on his own, it is important that he does not lose his temper or make threats to the insurance adjustor. If the adjuster makes a ridiculously low offer, it may be difficult not to show emotion. However, showing emotions will never convince the carrier to offer more money.
Often when you have been injured the insurance adjustor will ask you to provide a recorded statement for their file. Sometimes, they will even tell you that you must give them a recorded statement before they will consider your claim. While this can be true if you are making a claim against your own insurance company, for example in a property damage claim, uninsured or underinsured motorist claim, you are not legally required to give a statement to the insurance adjustor for the other party. The reason that they want the recorded statement is so that they can ask you questions before you are prepared to answer them. For example, the adjustor may ask you “Have you ever had neck pain before?” Your immediate response is “No”. Well, if you previously saw your family doctor or a chiropractor at sometime in your life and mentioned neck pain this can create a real problem because your credibility is very important in the case. When answering a question like this most people are thinking “No, I have never had neck pain like this before”, but that is not the question asked. So a single wrong answer to a question that you are not prepared for or do not understand can cost you thousands of dollars in your case. It is rare that giving a recorded statement to the other party’s insurance adjustor will help you and your claim.
