When you are involved in a car accident in Middlesex County, navigating the aftermath can be incredibly overwhelming. Not only are you suffering from the injuries inflicted by a negligent driver, but trying to navigate the process of speaking with an insurance adjuster can be incredibly complex. As such, if you were in a car accident and are unsure how to speak with an insurance adjuster, look no further. Our Middlesex County, NJ car accident attorney can help. Here are some tips in the meantime:
What Is an Insurance Adjuster?
New Jersey, under NJ Rev Stat § 39:6A-4.3, is a Personal Injury Protection (PIP) insurance state. This means you are required to file a claim through your own insurance first, regardless of fault. However, in the event that your injuries exceed your policy, you may then file a claim against the negligent driver and their insurer.
An insurance adjuster is someone who works for an insurance company to investigate collisions. Their primary goal is to gather and analyze evidence and determine fault. As such, they can examine:
- Statements from the drivers involved or witnesses
- Medical records
- Police reports
- Vehicle damage estimates
- Photos and videos
While many insurance adjusters may seem friendly or claim to be on your side, it is critical to understand that they work for the insurance company. As such, their primary goal is to minimize the payout the insurer is responsible for.
How To Speak With an Adjuster After an NJ Car Accident
In the event you are contacted by an insurance adjuster following an accident, understanding how to interact with them and the rights you have to protect your best interests is critical.
Do Not Speak to an Adjuster Before Consulting an Attorney
To begin, it is important to note that you should never talk to an insurance company before hiring the services of a personal injury attorney. This is because insurance companies are businesses, and in many circumstances, will do everything possible to limit payouts. Speaking to an adjuster too early and without representation may:
- Result in a premature settlement offer
- Result in statements you made being used against you to reduce your compensation
- Lead to the signing of harmful paperwork
- Lead to delay tactics
Provide Basic, Factual Information
Ideally, you should not speak to an adjuster before consulting legal representation. However, if you have already contacted your insurance, providing only the basic information is critical. This includes your name and contact information, the time and location of the accident, and the vehicles involved. You should not provide details about your injuries, the circumstances of the accident, or suspected fault.
Do Not Downplay Your Injuries
When providing information about your injuries, it is critical to avoid downplaying the severity of the injuries you have suffered. This includes:
- Saying “I’m fine”
- Estimating the severity of the injuries you’ve suffered
- Speculating about what is causing pain or what injuries you may have
Instead, you should tell the insurer that your attorney will provide medical information once you have completed your treatment.
Do Not Provide a Recorded Statement
In the event that an insurer asks you to provide a recorded statement, you should decline. As mentioned, anything you say can and will be used against you. If this occurs, you should inform the adjuster that you do not consent to a recorded statement and direct them to speak with your attorney.
Do Not Trust the Insurance’s “Preferred” Auto Shop
Typically, after an accident, the other party’s insurance company will try to send you to a particular auto body shop. You do not have to take this advice. Most of the time, they have deals worked out with these shops, and if you choose that shop, you may receive an estimate that does not fully cover the cost of the damage done to your car.
Should I Accept the First Offer?
When you are injured in an accident, it can place you under considerable financial strain as the medical bills continue to accumulate. As such, receiving a settlement offer from the insurance company can seem incredibly helpful. However, it is imperative to understand that the first offer is almost always significantly lower than the true value of your claim.
Insurance companies offer lowball settlements because they know that being involved in an accident can be overwhelming, and many people are eager to seek financial relief. However, you may be entitled to far more compensation than what is initially offered.
What Not to Say to An Insurance Adjuster
When speaking to an adjuster, whether it’s your own insurance or the insurer for the negligent party, it is critical to understand what you should not say to protect your claim. This includes:
- Apologizing or saying anything that sounds like an admission of guilt
- Saying that you’re “okay” or that your injuries “aren’t that bad”
- Guessing or speculating about the circumstances of the accident
- Discussing pre-existing conditions or injuries
- Estimating the value of the damage to your vehicle
What Else Can I Do to Protect My Claim?
In addition to carefully navigating interactions with insurers, it’s important to understand what else you can do to protect yourself and the compensation you deserve. As such, you should:
- Take photos and videos of the damage at the scene of the accident
- Request a copy of the police report
- Keep your medical records and bills from treatment
- Adhere to the orders of your medical provider
- Refrain from posting on social media for the duration of your accident
You should also note that in New Jersey, the statute of limitations to file a personal injury claim is two years from the date on which the accident occurred. If you do not file within this timeframe, your case may be dismissed.
CONTACT OUR EXPERIENCED NEW JERSEY FIRM
Navigating the aftermath of a car accident can be incredibly overwhelming, especially when you have suffered injuries. That is why working with an experienced attorney with Stathis & Leonardis, LLC, is in your best interest. Our team understands how difficult these matters can be, which is why we will do everything in our power to help you recover the compensation you deserve. Connect with us today to learn more.
