The phone usually rings within 24 hours of the accident.
You are likely still in pain. You might be on medication. You are probably worried about how you are going to get to work without your car. When you answer the phone, the voice on the other end is friendly, calm, and professional.
They tell you they are just calling to check on you. They say they want to “clear up liability” quickly so they can get your rental car approved and your medical bills paid. They just need to ask you a few simple questions while the tape recorder is running.
It feels rude to say no. It feels like if you refuse to cooperate, you are hiding something.
But you need to know that you have every right to say no. In fact, politely ending that call is one of the most important steps you can take to protect your future recovery.
The Strategy Behind the Early Phone Call
Insurance adjusters are trained professionals. They know that the best time to get a statement from an injury victim is immediately after the crash.
Why? Because in the first day or two, you do not actually know how hurt you are.
Adrenaline is a powerful masker of pain. It is common for people to feel “sore but okay” on the day of the wreck, only to wake up three days later unable to turn their neck. If the adjuster gets you on the tape record saying “I feel fine” or “I just have a little headache” on day one, they will use that recording against you six months later.
When you eventually need an MRI or physical therapy, they will play back your own voice. They will argue that you must be exaggerating your injuries now because you admitted you were “fine” right after the accident.
The “Politeness” Trap
We are socially conditioned to be polite. When someone asks, “How are you doing?” our automatic instinct is to say, “I’m good” or “I’m hanging in there.”
In a normal conversation, this is just a social pleasantry. In a recorded legal statement, it is an admission of health.
Adjusters use this social pressure to their advantage. They keep the conversation casual to lower your guard. They might ask about your job or your family to build rapport. Then, they slip in questions about the speed you were traveling or exactly when you saw the other car.
Adjusters use this social pressure to their advantage. They keep the conversation casual to lower your guard. They might ask about your job or your family to build rapport. Then, they slip in questions about the speed you were traveling or exactly when you saw the other car.
You Do Not Have to Go Through This Alone
Many people believe they are required to give a statement to the other driver’s insurance company. This is false.
You have no contract with the at-fault driver’s insurance. You have no legal obligation to speak to them, and certainly no obligation to be recorded.
You have no contract with the at-fault driver’s insurance. You have no legal obligation to speak to them, and certainly no obligation to be recorded.
Our Role Is to Be Your Voice
When you hire Snellings Injury Law, we step in between you and the insurance company. We send a Letter of Representation that legally requires them to stop calling you. All communication must go through our office.
This does two things:
1. It removes the stress: You can focus on healing instead of worrying about saying the wrong thing.
2. It ensures accuracy: When it is time to give a statement, we prepare you for it. Typically, this is in the form of a deposition, and we ensure that you are prepared and comfortable with telling your story before the deposition begins.
You are not being difficult by refusing to give a recorded statement. You are being careful. You are protecting yourself from a process that was designed to minimize your claim before you even know the full extent of your injuries.
So, when that phone rings, it is okay to be brief. It is okay to say, “I am not ready to give a statement yet.” And it is okay to hang up and call a lawyer who will look out for your best interests.
If you have been injured due to someone’s negligence, schedule a free strategy session to get the next steps in how to deal with the insurance company.
