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What Not to Say to an Insurance Adjuster in NY?

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Following an accident, dealing with an insurance adjuster is one of the most challenging aspects of pursuing a claim. To safeguard your rights and maximize your settlement, it’s in your best interest to contact an experienced New York City Personal Injury Attorney.

What Should I Avoid Saying to an Insurance Adjuster After an Accident in New York?

After an accident in New York, you will likely find yourself interacting with an insurance adjuster. The following includes things you should avoid saying to protect your interests:

  • Don’t Admit Fault (Even Partial): A pivotal error often committed by claimants after an accident is the admission of fault. Even if partial culpability is perceived, it’s advisable to refrain from disclosing this information to the adjuster. The determination of fault is an intricate process that frequently necessitates a thorough investigation. Any acknowledgement of guilt, even a simple expression such as “I’m sorry,” can be utilized against a claimant to diminish the value of their claim. It’s important to adhere strictly to the facts.
  • Don’t Downplay Your Injuries: Victims frequently underestimate the severity of their injuries and damages, especially if these are not immediately evident. For example, one might declare, “I am fine,” only to subsequently ascertain that the injuries or damages are more extensive than initially perceived. Claimants should refrain from making definitive statements concerning their condition until professional assessments have been received and they have consulted an attorney.
  • Don’t Give a Recorded Statement: Insurance adjusters will likely request a recorded statement to ascertain your perspective. While seemingly innocuous, this request is a strategic maneuver designed to collect information that may be utilized to your advantage. You should never provide a recorded statement, as even slight discrepancies in your narrative can be exploited. It’s crucial to understand that you are not legally obligated to furnish a statement.
  • Don’t Speculate or Guess: When communicating with an insurance adjuster, you must stick to the facts. Refrain from speculation or conjecture regarding uncertain details. Offering speculative responses can introduce inconsistencies into one’s testimony, which can be utilized to undermine credibility.

Should I Accept the First Settlement Offer?

When engaging with an insurance adjuster, it’s important to resist the urge to accept the first settlement offer. Initial offers are typically lowball figures from insurance companies aiming to minimize payouts. Accepting too hastily means you haven’t fully assessed your damages, which can manifest over time.

Generally, there is room for negotiation, and a skilled attorney can effectively argue your case, as you likely don’t know the full potential value of your claim. Once a settlement is accepted, your options are limited, as you waive your rights to future compensation. While a quick resolution is appealing, you should negotiate for the best possible outcome.

Navigating interactions with insurance adjusters can be tricky, and what you say can significantly affect the outcome of your claim. It’s wise to consult with a qualified attorney from the Law Offices of Brian J. Elbaum, who can provide guidance and advocate for your best interests, helping you secure fair compensation. Contact our firm today to schedule a consultation.