Being involved in an accident, unfortunately, is not uncommon. According to the South Dakota Department of Public Safety, there were 27,094 crashes in 2020, resulting in 6,040 injuries and 129 fatalities. If you are involved in an accident that wasn’t your fault, it’s essential to understand that the other party’s insurance company is not your ally. They may appear sympathetic and eager to help, but their primary objective is to minimize their company’s financial liability. Speaking to an insurance adjuster without legal representation could be detrimental to your case. In this article, we’ll explore why you shouldn’t speak to insurance adjusters after an injury in South Dakota.
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The Insurance Adjuster’s Objective
Insurance adjusters are responsible for investigating the circumstances surrounding an accident, determining who was at fault, and settling claims. Many insurance companies train their adjusters to sound friendly, sympathetic, and eager to help claimants. They may ask for permission to record the call, collect information about the accident, and may even offer to settle your claim quickly. However, it’s important to remember that their primary objective is to minimize the insurance company’s financial liability, not to help you.
Insurance Adjusters May Use What You Say Against You
Before speaking to an insurance adjuster, remember that what you say can be used against you later. Even seemingly innocent statements on your end could be taken out of context and used to discredit your claim. Adjusters know how to ask questions that are designed to trip you up, and even seemingly harmless responses could result in the denial of your claim.
You Could Inadvertently Admit Fault
Insurance investigators are skilled at crafting questions that seem straightforward but could lead you into trouble. For example, an adjuster may ask, "Did you see the other car before the accident?" If you answer "no," you may inadvertently admit fault. Even if you don’t feel responsible for the accident, it’s important to remember that fault is not always clear-cut. Speaking to an insurance adjuster without legal representation could result in inadvertently taking responsibility for an accident that wasn’t your fault.
Insurance Companies May Use Your Medical History Against You
After an injury, you’re likely to speak to an insurance adjuster about your medical history. Adjusters may ask about prior injuries or underlying medical conditions. They may even ask for permission to collect your medical records. Be careful when answering these questions, as insurance companies may try to use your medical history against you. For example, they may argue that your injuries were pre-existing or that they were caused by a condition unrelated to the accident.
You May Not Understand the Value of Your Claim
Insurance companies are in the business of making money, and they will typically offer claimants a lowball settlement. This settlement may seem reasonable to someone who isn’t familiar with the legal system or doesn’t understand the true value of their claim. Speaking to an insurance adjuster without legal representation could result in accepting a settlement that is far below what you’re entitled to.
Conclusion: Seek Legal Representation
After an accident, it’s essential to seek legal representation before speaking to an insurance adjuster. A personal injury lawyer can protect your rights, help you understand the true value of your claim, and negotiate on your behalf with insurance companies. Remember that insurance adjusters are not on your side, and their primary objective is to minimize the insurance company’s financial liability. Speaking to an insurance adjuster without legal representation could result in making statements that could be used against you or accepting a lowball settlement. Protect yourself and your legal rights by seeking representation from a knowledgeable personal injury attorney.