When you get into a car crash in Florida, dealing with the insurance companies can become a stressful experience. You might worry that the insurer will deny your claim or pay you less than you expect to receive. Unfortunately, you may jeopardize your car accident claim by saying something to an insurance adjuster that the insurance company can use to undermine your claim. Familiarizing yourself with what not to say to an insurer after a Florida car accident can protect your rights to compensation.
“I’m Sorry” or an Admission of Fault
Apologizing or admitting fault – even partial fault – for a car accident in Florida can jeopardize your claim or lead you to receiving less compensation form the insurance company. Florida uses a modified comparative negligence system, under which an injured driver may lose the right to recover compensation for their injuries and losses if they bear a greater share of fault for the car accident than the other driver. Even if an injured driver retains the right to file a claim, the comparative negligence system can reduce their financial recovery in proportion to their share of fault. Although you may believe you bear some of the fault for the accident, let the investigation determine the allocation of responsibility.
“I’m Fine” or Statements Downplaying Injuries
When speaking with an insurance adjuster, the adjuster may ask questions designed to get you to make a statement like “I’m fine” or minimize the severity of your injuries. However, downplaying your injuries, even if you don’t want to seem like you want to complain about your pain or difficulties, may give the adjuster grounds to offer you less compensation or deny your claim if the adjuster believes you did not suffer noticeable injuries in the car accident. Instead, if the insurance adjuster wants to discuss your injuries, you can refer them to your medical records.
Recorded or Written Statements
Insurance adjusters may ask you to provide recorded or written statements about your recollection of the accident or your injuries. However, insurers want to put you on record in case you later contradict that recorded statement or you say something the adjuster may construe as unfavorable to your claim. You can best protect yourself by declining to give a recorded or written statement until you’ve consulted a car accident attorney about the benefits and risks of doing so.
Speculative Statements
When discussing the accident with an adjuster, refrain from guessing or speculating about facts if you do not know or cannot recall them. If an adjuster asks you a question you do not know the answer to or cannot recall, you can respond with, “I don’t know,” or “I don’t remember.” Speculating about facts will only harm your credibility if the investigation ultimately proves your speculation incorrect.
Statements About Pre-Existing Medical Conditions
Finally, adjusters may inquire about your pre-accident medical history. Sometimes, adjusters will ask you to sign a medical release so they can obtain a copy of your full medical record. However, the insurance company wants this information to fish through your medical history for pre-existing conditions the insurer can point to as the cause of your pain or symptoms, rather than the car accident. Instead, you can let your attorney discuss your medical history with the insurance company. Your attorney can protect your interest by only submitting relevant medical records and obtaining causation reports from your treating physicians or other medical experts.
Contact a Car Accident Lawyer Today
After getting hurt in a car accident in Florida caused by another driver’s negligence, an experienced car accident attorney can help you navigate the insurance claims process to protect your rights and interests. Contact Hutch Firm today for a free, no-obligation consultation to learn how to handle filing an insurance claim after a car crash.