In nearly every insurance contract is a provision requiring that the insured (that’s you) cooperate throughout the claims process. Cooperation is a good policy for a number of reasons, but this requirement can often lead to overreaching by insurance companies looking to use technicalities against you. One perhaps unfortunate reality of the auto insurance claim process after a car accident is that insurance companies will not overlook an opportunity to deny a claim based on a contractual or legal technicality to bolster the insurance company’s bottom line. When you combine this motive with the requirement that the insured cooperate, it always makes sense to have counsel with you in order to make sure your best case is put forward with strong advocacy.

Within days of a car accident, a representative of the insurance company (usually an inside adjuster) will make contact with you in order to get a recitation of the facts. This is one of the most critical communications with your insurer, and it is vital that you not give a statement if you are still under the stress of the accident. Call us immediately before making a statement. Sometimes people might not realize that their ability to recount the accident so shortly after can be impacted by the emotional, physical and psychology toll the accident is taking on them. If statements are made to your insurance company this early in the process, they can and will be used against you if the insurance company feels they can deny your claim in good faith.

It is also vitally important that in giving a statement, you not relay more information than is necessary. In this initial statement, “too much” often takes the form of speculation or conjecture. Avoid this. It is also worth noting that there is no requirement that your statement be recorded, and no statement should be recorded until you consult with legal counsel and have been adequately prepared.