After getting into a car crash, one of the first calls that you will get is from an insurance adjuster. While the conversation might seem like it is just part of a bigger process, what you tell them during this interview can affect the amount that you can recover. Below are a few things that you should consider avoiding when you receive that call.
Apology may shift fault to you
It is natural to apologize after a collision, even when you played no role in causing it. An insurance adjuster, however, may treat an apology or any similar remark as a potential admission of responsibility.
Because New Jersey follows a modified comparative negligence standard, the insurer can reduce your compensation based on your responsibility for the accident. Not only that, but if you are more than 50% at fault, you will not be able to recover damages from the other driver.
Even a passing comment like “I probably should have been paying more attention” could give the insurer reason to argue you bear some of the blame. Keeping the conversation factual and steering clear of opinions about who caused the accident is generally a more careful approach.
Offhand injury comments can hurt your case
Shortly after an accident, an adjuster may ask how you are feeling. It can be tempting to respond casually or to run through every symptom you have noticed so far, but both approaches can create problems down the road.
Many car accident injuries, including soft tissue damage and concussions, do not fully present themselves for days or even weeks after the collision. If you downplay your condition early on, the adjuster may later point to that statement to establish that your injuries were minor.
Letting your medical records document your injuries tends to be a more reliable path. A general response—something along the lines of “still receiving medical attention”—is usually sufficient without giving the adjuster specific language to reference later.
Statements can expose inconsistencies
An adjuster may ask you to give a recorded statement shortly after the accident, sometimes presenting it as a routine step. While New Jersey law generally requires policyholders to cooperate with their own insurer, you typically do not need to give a statement to the other driver’s insurer.
If you do give a recorded statement, adjusters can comb through it for phrasing that conflicts with police reports or medical records. Even small differences in how you describe the accident or your injuries could raise questions about your account.
Early settlement may not reflect full damages
Insurance companies sometimes send settlement offers within days of an accident, occasionally before you have had a chance to assess your injuries or total losses. These early offers often reflect the insurer’s goal of closing the claim quickly. That goal may not align with your need for a full scope of your damages.
Car accident claims can involve medical bills, lost income, rehabilitation costs and long-term care needs. Many of these expenses take months to fully emerge. Accepting a figure and signing a release could mean giving up the right to seek more compensation if your condition worsens or unexpected costs arise later.
If you find yourself in a situation where you need to provide details to an insurer, consulting with an attorney can help you avoid the pitfalls. They can speak with the company on your behalf and negotiate your settlement based on the details you provide.