The claimant that has received the initial call from an adjuster must be careful about what he or she says. All claimants should strive to keep from saying anything that could weaken their case.
The first contact normally comes in the form of a phone call.
The person that receives that call should get the name, address and phone number for the caller. The personal injury lawyer in Burlington knows that during that same conversation, the recipient of the call should get the name of the insurance company for which the caller is working.
Claimants should realize that their attitude towards the adjuster could affect the rate at which their claim is handled.
What information should the claimant share with the adjuster?
It is best to share only essential information
—Name
—Address
—Phone number
No claimant should mention any facts that are related to his or her line of work, or schedule. During any conversation about the victim’s injuries, the adjuster should gain only a limited amount of information. Any further details should be placed in the demand letter.
Smart claimants understand how to set a limit on the types of information that get shared with the adjuster.
It is within a claimant’s right to refuse to give a recorded statement. A claimant’s lawyer could help with the process for limiting the extent to which the adjuster has access to the medical records of the injured victim.
During that first conversation, claimants’ lips should remain sealed, with respect to the identity of any witnesses.
A situation where the above suggestions could be ignored
That would be the situation that exists, after an accident victim has submitted a 1st party claim. The advice given above has been directed at someone that has submitted a 3rd party claim.
What is the difference between a 1st party claim and a 3rd party claim?
If the injured victim were a policyholder, he or she might submit a claim to the company that had formed a contract with the claimant/victim by selling him or her a car insurance policy. In other words, that victim would have made a 1st party claim.
If the injured victim were not the responsible driver, then he or she would need to submit a claim to the insurance company of the responsible driver. In other words, that would represent a situation where an injured victim’s desire for compensation could be satisfied by making a 3rd party claim.
Claimants/victims that have formed a contract with an insurance company must meet the contract’s demands. That could mean agreeing to provide the adjuster with a taped statement. It could also mean agreeing to provide detailed information on any injuries, along with access to all of any victim’s medical records.
