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 Wrong!

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 shareholders.

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 your claims.

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 accident.
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 accident.

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 we do.
Copyright 2011, Noble & Quinn, Attorneys at Law, P.C.
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