Do Not Speak to the Insurance Company!
"The Great Mistake" is speaking to the insurance
company representative without your attorney. I know, I
know. You tell me, "But I've got to get my truck fixed so I
can go to work." Wrong! Or, "My wife's laid up in the
hospital, and I can't pay those medical bills." Wrong!
"The Great Mistake" is made over and over today
because of "The Great Myth." "The Great Myth" is the
belief that the only avenue to quickly solve
transportation, employment and medical problems is
to contact the insurance company for the at-fault driver
immediately and demand action or money. This is
An insurance company is not in business to pay out
money! An insurance company is in business to make
money! It takes in premiums and pays out claims. If it
pays out less in claims, it makes a greater profit for it's
The insurance company reduces its legal responsibility
to pay out claims by looking for "justifiable reasons" to
deny your claim or to reduce its fair value through its
"investigation." Guess where they get information to
deny your claim. From you or from your statement to
them! "Bearing your soul," or should I say, "venting your
spleen" to the insurance company rarely does any
good except to provide them with possible defenses to
The most common defense used by insurance
companies to completely bar your claim for personal
injury and property damage is "contributory
negligence." This applies when evidence is uncovered
which would lead a reasonable person to believe that
you, in any way, contributed to the cause of the
The most common defenses to paying the fair value of
your claim are "insufficient force" and "proximate
cause." The insurance company figures that if there is
not a lot of visible property damage to your car, then
there is "insufficient force" projected into the
passenger area of the vehicle to cause your injuries.
Or the insurance company figures that since you were
in an accident three years ago and complained of
neck injuries back then (which resolved), that your
complaint of neck injuries now is not "proximately
caused" by (legally related to) this accident. At most
the insurance company argues, the at-fault driver
"contributed to" or "aggravated" the neck injury you
already had but are now claiming resulted from this
The bottom line is that your statement to the insurance
company adjuster is tape recorded! You are not given
any warnings or "Miranda" rights, by the insurance
company, as you receive in a criminal case, i.e., "that
anything you say can and will be used against you in a
court of law, or that you have a right to an attorney."
But you have important financial rights which may very
well be compromised by what you say. You only are
told that before they can pay you any money for your
personal injuries and property damage that they must
complete their investigation. Then they ask you, "may
we record your statement." You agree. Then you are
!@#$%&. What should you do? Get your personal
injury attorney first!
Noble & Quinn, Attorneys at Law, P.C., was founded
in 1982 by Reed N. Noble and Risa Quinn Feldbusch.
Personal injury and property damage litigation is what
Copyright 2011, Noble & Quinn, Attorneys at Law, P.C.
Attorneys at Law, PC
"At Noble & Quinn,
Our Clients Come First"
You Need Us Now!