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Three Questions to Answer When Filing a Miami Car Accident Claim…and Three to Avoid at All Costs

When you have been hurt in a Miami car accident, you are probably aware that recovering compensation for your losses starts with filing an insurance claim. Once you submit the initial paperwork, you can expect a call from the responsible driver’s insurer, since the company will want information regarding the crash, your injuries, and related details. Because you know that Florida law imposes a four-year statute of limitations, you are probably eager to get this discussion out of the way. 

While the adjuster may seem friendly and helpful during the conversation, you should note that this person is NOT just seeking basic information to get payment to you quickly. Instead, the insurance company’s employee is trying to figure out strategies to deny your claim. Because of the implications for your rights, it is best to have your Miami car accidents attorney handle the discussion. Still, you should be familiar with some of the questions the adjuster might ask.

Avoid Responding to Questions That Affect Your Rights

  1. Who do you think caused the crash? With this question, the adjuster is trying to get you to admit fault, so the company’s policyholder is off the hook. If you even hint at the fact that you may have been responsible for causing the collision, your own negligence could lead to a reduction of your compensation amount.
  1. What were you doing just before the accident? If you suggest that you were on the phone, adjusting the radio, or engaged in other distractions, the insurance adjuster will seize on the opportunity to pin the blame on you. You could even adversely affect your rights by stating that you were in a hurry to get to your destination, as it may lead to the assumption that you were speeding.
  1. How severe were your injuries? You should never make any statements on this topic when you are not a medical professional. The best response to this question is that you are under a doctor’s care for your injuries.

It is OK to Answer Certain Basic Questions

  1. What is your name and contact information? An adjuster may ask you to confirm these details, which the insurer probably already has as part of your claim information.
  1. Did you seek medical treatment for your injuries? While it is a mistake to discuss them in detail, you should let the adjuster know that you sought medical attention immediately after the car accident – or at least within a few hours. A delay creates the presumption that your injuries were not too serious.
  1. Do you have a lawyer representing you? You should be able to answer this question with an honest “Yes,” since you know the importance of retaining a lawyer. Then, provide contact information so the insurance adjuster can discuss the claim directly with your attorney.

Contact a Miami Car Accidents Lawyer Before You Speak to an Insurer

By retaining an experienced attorney, you do not have to stress about which questions to answer and the consequences of your response. Our team at Gerson & Schwartz, PA will conduct this conversation on your behalf, so you will never reveal too much. We are prepared to represent you throughout the process, from filing a claim and settlement negotiations to initiating a lawsuit in court. Please contact our offices in Miami, Fort Lauderdale, or West Palm Beach, FL to set up a free consultation today.

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