In many cases, by the time you get to talk to an Albany car accident lawyer after your crash, you’ve already received the visit of an insurance adjuster. If this happened, the attorney will need to know – as precisely as you can recall – what the adjuster asked you and what you answered.
The reality is that everything an insurance adjuster asks has the goal of making you contradict or incriminate yourself. Some questions are so tricky, that any answer you give will be detrimental to your claim. Here are some of the most common examples of questions, which you should refuse to answer:
Leading Questions
Leading questions already suggest an answer. They are not allowed in courts of justice, but an insurance adjuster is not under obligation to follow their rules. For this reasons, they may ask you things like:
- So, the other driver appeared to you out of nowhere?
- Everyone gets distracted for a moment or two after a long drive, right?
- After a long day at work, it’s normal to feel a little drowsy, correct?
All these questions have one single purpose: to prove that you were actually the distracted driver who caused the accident. With a few answers to such questions, which appear randomly during the interview, the adjuster will then deny your claim on the grounds that you were more at fault for the crash than their client.
Under Georgia’s comparative negligence rule, you can file a claim only if you are less than 50% at fault for the accident.
Questions Related to Alcohol Consumption
Even though the police officer who investigated the accident scene did not administer Breathalyzer tests, you are not in the clear. The insurance adjuster may still claim that you were driving under the influence based on your own answers to their questions.
For instance, they will ask you to go through all your actions during the day of the accident and the day before. If you tell them that you were out with friends during the evening, the adjuster will immediately make a reference to alcohol use.
If you tell them that yes, you had a few drinks, that’s all the adjuster needs. They will refer to various formulas calculating how long it takes your body to process alcohol and conclude that you were still intoxicated the next day when the car accident happened.
Questions Related to Older Accidents and Injuries
Many adjusters will visit you while you are still in hospital, under treatment for your injuries. Starting from your visible injuries, the adjuster will try to make you talk about your entire medical history.
They will ask specifically about:
- Pre-existing health conditions, like arthritis or diabetes
- Other accidents you suffered in the past
- Any surgeries or invasive medical procedures you’ve undergone
You should always consult with an Albany car accident lawyer before discussing any such issues with an adjuster. They often use pre-existing conditions and injuries to reduce the value of your claim or even deny it.
Permission to Record the Conversation
This is the first and the most dangerous trick question an insurance adjuster will ask you. Once you agree, the adjuster will create an audio or video recording of the entire interview. Since the recording is made with your express permission, it is admissible as evidence in court.
Anything you said to the adjuster can and will be used to undermine your case. For this reason, you should never agree to give a recorded statement to an insurance adjuster without an attorney present.
Ideally, you should postpone any interaction with the adjuster until you have legal counsel. The adjuster cannot force you to answer their questions and you can always invoke the fact that you are still in pain after the accident.
Discuss Your Case with an Albany Car Accident Lawyer before Talking to an Adjuster!
After the insurance adjuster contacted you, make sure you reach out to Joe Durham Jr., P.C. Schedule a free case evaluation with us and bring all the relevant evidence you have. If you have a valid case, we will represent you on a contingency fee basis and conduct all future dealings with the adjuster.
Do not lose your right to receive fair compensation by mistake! Call us today at 229-210-6226!
