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Should I Talk to the Insurance Adjuster After an Accident?

Published on Aug 15, 2016 at 9:17 am in Car Accident.
Should I Talk to the Insurance Adjuster After an Accident?

During the aftermath of a serious car, truck, or motorcycle accident, one of the things that may surprise you is how quickly the other driver’s insurance adjusters or claim adjustors contact you. You might still be in the hospital. You might just be getting home when your phone rings off the hook. You may even receive a surprise knock at your door. Depending on the other driver’s insurance company and their plan of action, you may find yourself unnecessarily frustrated by how aggressive these adjusters can be.

What do they want from you? In most cases, that answer is simple. Even if the adjusters act respectful and concerned regarding your injuries, their goal is to you get you to settle the claim as quickly as possible in order to avoid paying you a fair and reasonable settlement amount. This goal benefits the insurance company’s own financial interests, of course, without taking your own wellbeing into consideration.

Case in point: A recent client of ours was offered $4,000 by an insurance adjuster shortly after his accident and before he hired our office to handle his claim. The insurance adjuster represented the driver of the vehicle that caused the accident and his injuries. Fortunately, the client realized he should talk with an attorney first. We took his case and ended up settling his claim for around $70,000!

Don’t be fooled by the intentions of insurance adjusters—their goal is to pay the least amount possible. The adjuster doesn’t care about you or your injuries. By aggressively attempting to get you to sign off early, they hope you won’t know any better and settle before you know your rights.

But you’re reading this. You know better. If you settle early, you may not receive the financial compensation you need to recover from your injuries and provide for your loved ones during your time of recovery. You need someone who’s looking out for you. If you’re forced to face an aggressive insurance adjuster who’s representing the other driver, you need help from an experienced Lexington, KY car accident lawyer.

Knowing How to Deal with Insurance Adjusters

If you decide to hire an attorney, your lawyer will speak to any insurance claims adjusters on your behalf, giving you the time you need to recover from the accident. Before you make that step, however, you may be forced to speak to the adjuster one or more times, depending on how aggressive they are. Watching what you say and how you say things during these conversations is essential. If you say the wrong things or agree to settle early, you could forfeit your chance at filing a lawsuit entirely.

Insurance adjusters know how to construe things you say in their favor. If you’re not sure what to say, it’s best to keep any conversations light and simple. Remain calm and respectful, but don’t talk about the details of the accident whatsoever. Don’t mention fault. Don’t talk about your injuries in any detail. If you’re pressured for details, tell them that you’re not ready to settle or talk about the case and that you will get in contact when you are ready. This gives you time to speak to an attorney.

When asked regarding any accident details, tell the adjuster to check the police report. If asked for a copy of your medical records, politely decline. If asked to give a recorded statement, decline the request. Even if the adjuster tries to tell you differently, remember that you’re not required by law to issue a recorded statement to the other driver’s insurance provider. Insurance adjusters make this claim in hopes of getting a victim to say something they shouldn’t while they might be nervous about being recorded.

You can also, of course, politely decline to speak to any adjusters entirely. You are under no obligation to speak to them at any time. You can settle your claim with the help of a lawyer or through your own insurance provider. Ignoring aggressive adjusters may cause them to continue to hound you, however. Sometimes it’s best to simply exchange a few words and let them know that you have things handled. If you do have an attorney, give them your attorney’s contact information right away and all contact between you and the adjuster should cease.

Contacting an attorney is always your best course of action after being involved in a serious accident that may jeopardize your family’s finances. If the accident was caused by negligence, carelessness, reckless driving, or you feel the settlement is going to end unfairly, you have a legal right to file a lawsuit against the wrongful party. Todd W. Burris, Lexington, KY personal injury lawyer, is experienced in handling serious accident cases of all types and will do everything he can to help you get back on your feet again. Contact our Lexington office to learn more.

6 Things Insurance Adjusters Don’t Want You to Know

Published on Jun 24, 2016 at 8:37 am in Car Accident.

After being involved in a serious car accident, there’s a good chance you’re feeling overwhelmed by everything that needs to be taken care of. You and your family’s health and wellbeing are your first priorities, but after the basic needs of your loved ones are met, you will have to decide how to handle any insurance settlements. Settling insurance claims can be stressful, and to make matters worse, you may face opposition from the other accident victim’s insurance adjuster.

Insurance claims adjusters—also typically referred to as insurance adjustors, claims adjustors, claims specialists, or claims representatives—may come to you immediately following the accident or in the days following, asking you to settle your claim. They may contact you in person or over the phone. They can be pushy or forceful in nature, and may try and get you to believe that you have to settle immediately.

These adjusters will also discourage you from contacting a personal injury lawyer. If you were a victim of a car accident in Lexington, KY, you have every right to contact a Lexington, KY personal injury lawyer regarding the accident. You also have every legal right to take your time to decide how you wish to settle. Time does matter during an auto insurance settlement, but you should always take as much time as you need to make the right decision for you and your family.

How to Handle Out-of-State Car Accidents

Published on Jun 10, 2016 at 9:57 am in Car Accident.

The last thing you want to worry about while enjoying a summer vacation is the possibility of getting into a car accident in another state. Getting the proper medical care and auto repair as well as securing the funding for both tasks can be a hassle in an unfamiliar area. There’s also the fact that accident and insurance laws can change depending on which state the accident occurred in and how that state’s laws are different from those in your home state.

Unfortunately, out-of-state and out-of-area car accidents can and do happen every day across the United States. Are you traveling through Lexington, KY this summer and are from out of state? If you and your loved ones are involved in an out-of-state accident, the best thing you can do is remain calm, ensure everyone receives the medical care they need, and follow these 5 basic steps:

  1. Call the police

No matter what state you’re in, you’ll want to call the police after a car accident. A police report must be filed even if no one is injured, and if you ever need a record of the accident later, a police report is always going to be the first document you need. Calling the police also ensures, of course, that anyone who’s injured gets the care they need immediately.

What is a Serious Injury as Defined by Kentucky Law?

Published on Mar 16, 2016 at 8:40 am in Car Accident, General.

During a personal injury case such as an automobile accident lawsuit, one of the questions you may be asked is how severe your injuries are/were and if they can be legally defined as “serious”. A doctor’s definition of a serious injury is not always the same definition followed by the U.S. court system. Therefore, it becomes essential to know exactly what constitutes as a serious injury according to the law.

Which injuries get defined as “serious” varies slightly from state to state. This is due to the fact that insurance laws differ in most states. In the state of Kentucky, a serious injury is defined as a physical injury which “creates a substantial risk of death or which causes seriously and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily member or organ”.

8 Ways You Should Document a Car Accident

Published on Feb 4, 2016 at 5:56 am in Car Accident.

Knowing what to do after you or a loved one is involved in a car accident can be immensely stressful, but as with all of life’s emergencies, keeping a cool head and following a basic crisis plan can save your life. After a car accident, it’s crucial to make sure everyone gets the medical care they need as well as exchange insurance information. In addition to those two things, there are other facts that should be documented and accounted for.

This information will be needed later during insurance negotiations and may be needed if a legal case is filed for any reason. If you feel you weren’t at fault for the accident or that there may be issues when settling the insurance claim, it becomes even more important to document this information. A successful legal case requires the right documentation on hand. Here are eight different ways you should thoroughly document everything that happens after a car accident:

Witness Contact Information

In addition to gathering the contact and insurance information from anyone that was involved in the accident, it’s a good idea to speak to any witnesses who saw the accident and ask if they would be willing to give you their contact information. If they are willing to, also have them write down an account of what they saw happen. Having a witness on your side can be a valuable asset in any court case. Even if you end up not using that person as a witness, at least you’ll have their information available.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice. Viewing does not constitute an attorney-client relationship. Prior case results do not guarantee a similar outcome.

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