What should I do? I just had an accident. The insurance company representing the people responsible for causing my injury and my insurance company are calling to get a statement
The short answer is no. Never give a statement or speak with an insurance company insuring the vehicle which hit you. Call a lawyer before speaking even with your own insurance company.
If you get a call from any insurance company before you call an attorney, don’t return the call. if you answered the call, just say I don’t want to say anything until I speak with a lawyer and hang up. If you have a lawyer, just give your lawyer’s number.
What we do
We immediately contact all insurance companies to advise we represent you and that they are not allowed to contact you. We do not give statements to an insurance company which is not your insurance company. We have our client’s insurance company send written questions to us which we can review before submitting.
What happens when you give a statement
Often clients call us days, weeks or even months after an accident after they already gave a statement to the insurance company claims representative. Some clients have even had multiple conversations with the claims representative.
Even if your statement doesn’t provide any damaging information, a good attorney will use your statement to find a discrepancy between your statement, your testimony at a deposition, and testimony at trial. The attorney will twist your words to make it sound like you’re not telling the truth.
We have clients who made statements about how the accident occurred not realizing that they gave information to the insurance company which they can use to defend the claim. We also have clients who made statements about their injuries which prevented early settlement.
The insurance company claims representatives are trained to get the information from you that they need to deny or minimize your claim. Insurance adjusters have detailed manuals with questions and depending upon your answers, more questions to obtain the information they want. Think of giving a statement as volunteering for an interrogation.
Additionally, claims representatives are often trained what to say to persuade you not to call a lawyer. They don’t want you to speak to a lawyer because they want to have an advantage over you and they don’t want you to know what your injury is really worth. If you don’t call a lawyer, they may be able to settle with you for $40,000 when your injury is really worth $400,000.
After Allstate’s training manual got out, Allstate sought an order from a federal court in New York to keep it secret. The training manual instructs adjusters on what to say to stop injury claimants from calling a lawyer.
At best, speaking with the insurance company claims representative will make it more difficult to settle your case early on for full value and can delay your case by 12-24 months. This is just one of the many reasons why it’s best to call a lawyer immediately after your accident.
If you already gave a statement, we still want to represent you!
If you had an accident and already gave one or more statements, we still want to represent you. Hopefully, if you have an accident, you’ll call us immediately.
If you’re injured in an accident, even if another lawyer doesn’t think you have a case, call the HURT911® Personal Injury Dream Team™ right now 7 days/nights for a free consultation with no obligation at 1-800-HURT-911 >> 1-800-487-8911
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Watch Founding Partner Phil Franckel, Esq. talk about New York Serious Injury Attorneys.com, difficult cases, and the 1-800-HURT-911® Dream Team™
Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.
Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.