Car accidents are confusing, disorienting and traumatizing events. With all of the commotion and turmoil, it's easy to make a hasty decision that could have a long-lasting impact on you and your potential for a personal injury claim.
Do Not Make Any Statements Without Legal Advice
It's routine practice for insurance adjusters to call accident victims in an attempt to garner a damaging statement. If you haven't yet consulted with a personal injury attorney, you may be particularly vulnerable to this tactic.
Know that these calls often happen while you are still in shock or while you are under the treatment of pain medication. Never speak to an adjuster representing another party's insurance without the presence of your own attorney, whether in person or on the phone.
On the same note, your own insurance company may attempt to deny you coverage based on your accident injury claim. Know that you are not required to allow the insurance company to record any conversations that you have with an adjuster. Exercise caution when dealing with any insurance adjuster and consult your attorney for instructions on how best to answer their questions.
Never Sign Anything Without Consulting Your Personal Injury Attorney
Under no circumstances should you release your medical records to the other party's insurance company. If this happens, that insurance adjuster will have the ability to access every medical treatment you have ever undergone, regardless if it was related to your car accident or not.
No matter what your financial situation is after your car accident or how your medical bills are progressing, do not sign any settlements, releases, waivers, or checks without first consulting your personal injury attorney. This particularly applies if it says "final payment."
Insurance adjusters for the opposing party will typically try to make you accept estimates from their own contractors. Signing any paperwork may release the other party from further liability and may bar you from bringing future personal injury claims for accident damages.
Meet Your Insurance Policy's Deadlines
Unless a waiver has been granted, your insurance policy will give explicit deadlines by which claims must be filed. These deadlines may change depending on the defendant in your personal injury claim. If your claim is not satisfactorily settled within 6 months of your date of loss, you may lose your right to sue completely.
You and your insurer have a contract, meaning that your insurer has a legal obligation to provide you with the coverage that was promised. It is up to you and your personal injury attorney to ensure they fulfill that obligation. You have no similar contract with the other party's insurer and you should be particularly wary of accepting or signing anything from another driver's insurance adjuster.
To best protect your rights, only accept and follow advice from your own personal injury attorney. A qualified car accident attorney is a valuable and essential resource as you pursue a personal injury claim.
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