After an accident, your immediate thought is to get into contact with your insurance company to start the claims process. During that initial phone call, the insurance adjuster will likely want to have you make an official statement about the accident and your injuries, which is usually recorded.
Unfortunately, you could inadvertently hurt the value of your claim or be tricked into doing so by the insurance adjuster. That is why it is generally best not to provide such a statement until talking to an attorney.
If you provided a recorded statement to the insurance adjuster before getting legal advice, our Fort Worth car accident attorneys may still be able to help you clarify your statements. This may help preserve the full value of your claim. Below, we discuss what we may be able to do to help you.
Documented Proof of Injuries
Sometimes, the adrenaline in your body after an accident may mask pain, so you might not feel some of your injuries until at least 72 hours after the crash. Because of this delay, you may tell an insurance adjuster that you do not feel any pain in a certain area and this statement could be used against you later during the negotiation process.
Even if you told the insurance adjuster you did not feel pain in a specific part of your body immediately after the crash, your medical records could help prove you do have an injury and a doctor could potentially confirm it was caused by the accident.
Therefore, it is important to seek proper medical treatment after an accident, even a minor one, and it is especially vital to keep any documents provided by doctors and clinics where you are being treated.
Documents that may be used to prove your injuries include, but are not limited to:
- MRI results
- CT scan results
- Treatment plans
Physical Evidence
You should never admit fault, even partial fault, for an accident. This is probably what an insurance adjuster will try and get you to do while you are providing a recorded statement. But if you speak to the insurance company before you get legal advice from your attorney, you may be more likely to accidentally say something that could be used as an admission of fault.
This is where evidence, such as photos of the scene, dash cam or traffic light videos and other physical evidence may come in handy to prove you were not at fault for the crash. If you were partially at fault, these pieces of evidence could at least help minimize the percentage of fault you are assigned. Texas is a modified comparative fault state, so being partially at fault could reduce your compensation.
This physical evidence could help strengthen your case against the other driver, even if you unintentionally told an insurance adjuster something that could be perceived as an admission of partial fault.
Witness Testimony
If you were involved in a serious accident, you may have blacked out. Insurance adjusters could use these holes in your story to deny liability, but eyewitness testimony could help clarify your recorded statement to help strengthen your claim.
Aside from an eyewitness, expert testimony could also be used to help explain who caused the accident, even if you cannot remember those details.
Speak to a Licensed Texas Attorney First
It is in your best interest to speak to an experienced lawyer before talking to the insurance company. Your attorney can even deal with the insurance company on your behalf to help protect your claim. This could potentially help you avoid a long negotiation process and possibly a lawsuit.
The case evaluation is free, and you do not pay us anything while we work to validate your claim.
Call us today at (817) 920-9000 to schedule a free consultation.