Have you ever heard the phrase, “You have the right to remain silent, anything you say can and will be used against you”? While we’d normally hear those words from a police officer, the same warning applies when discussing your auto injury case. Make no mistake; anything you say to the other driver’s insurance company will be used against you.
Every day, insurance companies representing at-fault drivers call injured drivers. They sound compassionate. They ask how you’re doing, and they seem to listen to your problems.
As soon as they think they’ve earned your trust, they ask if you could discuss the accident. Here is where many make a serious mistake. They agree to answer a few questions.
The other driver’s insurance company uses a carefully crafted script to draw out unintended statements. Insurance companies might interpret something as innocent as, “all I could do was brace for impact,” as an opportunity to shift blame.
They might argue that if you had hit the brakes instead of bracing for impact, the crash might have been less severe. A judgment like that could instantly deprive you of your rightful compensation.
To be clear, you have zero obligation to speak to the other driver’s insurance company. No matter how many times they call you or how empathetic they sound, you should refuse to answer. Speaking to them can only hurt your case.
Realize that the other driver’s insurance company is not trying to help you. Rather, they are trying to shift liability, so they don’t have to pay for the accident. You should only discuss your accident with your attorney.
If you suffered serious injuries in a car accident and aren’t sure how to navigate the maze of insurance claims, we will listen. If you’d like to schedule a free case evaluation with an experienced Grand Junction personal injury lawyer from the Law Office of Chadwick McGrady, feel free to send us an email or call (970) 644-5599.