Should I Speak With the Insurance Adjuster Without My Attorney?
The short answer is no. The long answer is that you better not.
The general rule is that you should never speak to another party’s insurance company without an attorney present ever. In fact, if you have already contacted an attorney tell the person on the phone that if they want to contact you, they need to contact your lawyer.
If you are on your own, know that there is no law or rule that requires you to provide the opposing party’s insurance company with a statement. You are safest if you simply decline before an insurance representative can turn your words upside down.
Insurance companies are in the business of making money. They do not want their insured customers to be liable for accidents, and they definitely do not want to have to pay you a single penny. The insurance company will use tiny inconsistencies in your statement to deny your claim or make you look like a liar in a courtroom.
You may politely and firmly decline the insurance representative’s request for a recorded statement. The insurance representative may try to persuade you that there is no harm in recording a statement, but be firm.
It is not unreasonable for an insurance company to ask you for a copy of the police report of the accident and any medical bills. Tell the insurance representative that you will cooperate, but do not sign any documents that give the insurance company the ability to see your medical documents without your permission.
There are exceptions to this rule. If your insurance company asks for a statement you must give them one. You are most likely under contract to do so according to the language in your insurance policy.
If you do choose to negotiate your claim yourself, you will have to communicate with the opposing party’s insurance company. Please read and follow the advice in these other articles.