When is giving a statement to an insurance adjuster safe?

Phillip H Miller

Written by  Pro

Car / Auto Accident Lawyer

Contributor Level 8

Posted over 4 years ago. 4 helpful votes

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1

There is no dispute about who was at fault.

If there is NO dispute about who was at fault, then it may be safe to give a statement. The problem is that many states have something called "comparative fault". If the adjuster can get you to say something that puts part of the blame on you (or someone other than their insured), then they will use that information to discount what they will pay you.

2

There are no disabling injuries or significant lost income.

If there's isn't much to lose, then giving a statement may be relatively safe. If there are huge medical expenses and lost income, there's a lot to lose. Giving a statement on your own, without legal advice under those circumstances is NOT safe.

3

If you can spend the time to prepare and avoid talking too much it may be safe.

There are some people who talk a lot. Their friends and family kid them about talking a lot. If that's you, then giving a statement on your own is probably NOT safe. If you can take the time to prepare for the statement by reviewing the police report, looking at the scene, reviewing pictures of the cars, etc. that's important.

4

If you can listen carefully and limit your answers, it may be safe.

You must also be able listen carefully to the question asked, and limit yourself to answering only that question. After you have answered, stop talking and wait for the next question. Don't volunteer information, just answer the question. If you can do that, it may be "safe".

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