After an injury, you may be left facing mounting bills and a dwindling bank account because you had to take time off work. Now the insurance company wants to talk to you. They want you to give a recorded statement.
You’re probably wondering, Should I talk to an insurance adjuster after an accident? It’s probably best not to speak to the insurance adjuster without first speaking to a Delaware accident lawyer.
While they may seem nice and approachable and act like they want to help you find a way out, know that the insurance adjuster is not your friend. They work for the insurance company. So, giving a recorded statement to an insurance adjuster may give the insurance company an opportunity to deny or reduce any payable compensation.
At Brockstedt Mandalas Federico LLC, we have over two decades of experience protecting personal injury victims from ruthless insurance companies. We understand the complex negligence laws of Delaware and are familiar with local court procedures.
Contact our office today for a consultation to discuss your legal options.
Read on to learn some Delaware injury claims tips that you should know before you speak with an insurance adjuster.
Delaware Injury Claim Tips: Before You Talk to an Insurance Adjuster
If you’re wondering whether you should talk to an insurance adjuster after an accident, here is what our Delaware attorneys think is most important to understand.
- It’s best to speak with a Delaware accident lawyer before giving a recorded statement, since the insurance adjuster works for the insurance company, not for you.
- Stick to basic facts like your name and contact information, and avoid discussing your injuries, guessing at answers, or providing financial or household details.
- Never admit fault or use phrases like “I’m sorry” or “it was my fault,” since insurance companies may use these statements to reduce or deny your claim.
- Delaware’s modified comparative negligence rule reduces your compensation by your percentage of fault, and bars recovery entirely if you are found 51% or more at fault.
Should I Talk to an Insurance Adjuster After an Accident?
You should probably hold off speaking with an insurance adjuster until you speak with an attorney. The insurance company wants to pay as little as possible. So they’ll try to twist your words into making it seem like your injuries aren’t that bad or that the accident was your fault.
At BMF, we take over negotiations with the insurance company. We understand the tricks they use and won’t let them get away with it. We will help you present the facts and fight to recover fair compensation.
What Are Some Delaware Injury Claim Tips?
Below are some basic guidelines for dealing with insurance adjusters who call after an accident.
Tip #1: Stick to the Facts
While you shouldn’t discuss the accident with the insurance company, you can state the facts, including:
- Location of the accident,
- Time and date it happened, and
- Your name and contact information.
Don’t give any other information without speaking to a lawyer first. If the insurance adjuster keeps pushing, tell them to refer to the police report for more information.
Tip #2: Understand How Delaware Insurance Adjusters Think
Modified comparative negligence means that even if you are partially responsible for the incident, you can still recover compensation. However, your recovery will be reduced by your portion of fault.
Because of this rule, insurance adjusters know that the more of the blame they push onto you, the less they’ll have to pay. If they show you were 51% or more at fault for the accident, Delaware law bars your recovery, no matter how compelling your evidence is.
Tip #3: Don’t Post on Social Media
Insurance companies will investigate all avenues to discredit or reduce your claim. During a recorded session, the insurance company might ask questions about how you were feeling and how your injuries impacted you.
Based on the photos and videos you posted on social media, they may argue that you look healthy or seem very active, suggesting your injuries were not severe.
Tip #4: Don’t Talk About Your Injuries
Don’t explain your injuries to the insurance adjusters. State that you want to keep your medical discussions between you and your doctor as you go forward with your treatments.
If you say anything like “I feel ok” or “My injuries are better,” they may use these statements to minimize the severity of your injuries.
If you later develop a complication from the accident, but did not state it during the discussion with the insurance adjuster, they may argue that the injury is unrelated to the accident.
Tip #5: Don’t Guess
Insurance companies may design questions to confuse you. Or they may ask a question to trap you later. That’s why you should always answer honestly to the best of your ability. If you don’t know an answer or are not sure, say “I don’t know the answer.”
Tip #6: Don’t Give Out Personal Information
Insurance companies may ask for information about your household and financial situation, such as who lives in your household and your income. However, the insurance company does not need to know this. They often ask for this information to find some fault and reduce the value of your claim.
If you are suing for lost wages, don’t give your financial situation details to an insurance adjuster without speaking with a lawyer first.
Tip #7: Do Not Admit Fault
Never use the phrases “I’m sorry,” “I didn’t see them/it,” or “It was my fault.” If you use these phrases, or ones like them, insurance companies may argue that you accepted liability. They will use these phrases to push back on your negligence claim and reduce their potential liability or push the blame on you entirely.
Tip #8: Do Not State That You Do Not Have a Lawyer
Insurance companies are armed with powerful attorneys from big law firms. If they hear you do not have a lawyer, they can become bold and try to pressure you to settle your claim quickly.
While a settlement offer may look tempting, don’t accept anything without speaking to your attorney first. These offers are often on the lower end. Insurance companies hope you will become discouraged by the legal process and accept the lower offer.
Recorded Statements to Insurance Adjusters: Common Questions
Straight answers to what our Delaware accident attorneys get asked most about talking to insurance adjusters.
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It is probably best not to give a recorded statement to an insurance adjuster before speaking with a Delaware accident lawyer. The adjuster works for the insurance company, not for you, and anything you say can be used to deny or reduce your compensation.
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You can provide basic facts, such as your name and contact information, but you should avoid discussing details of the accident or your injuries. If the adjuster keeps pushing for more, you can tell them to refer to the police report.
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Statements like “I feel okay” or “my injuries are better” can be used by the insurance company to minimize the severity of your injuries, even if you later develop complications. It is best to keep medical discussions between you and your doctor rather than the insurance adjuster.
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Delaware follows a modified comparative negligence rule under Delaware Code section 8132, meaning you can still recover compensation if you are partially at fault, though your recovery is reduced by your percentage of fault. If you are found 51% or more at fault, Delaware law bars you from recovering anything.
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Yes. Insurance companies often review social media posts and photos to argue that your injuries are not as severe as claimed, even if the post has nothing to do with your accident. It is best to avoid posting on social media while your claim is ongoing.
Don’t Let the Insurance Company Take Advantage of You. Speak to a Delaware Accident Lawyer at BMF Today
If you are considering giving a recorded statement to an insurance adjuster, make sure you speak with an experienced personal injury attorney first. At BMF, our experienced attorneys create a personalized legal strategy for your case. We will guide you through each step of the legal process.
Contact MBF today and speak to one of our seasoned attorneys in a confidential consultation. We will explain your case to you and guide you on the best path forward.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
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