Albuquerque Car Accident Lawyers

Should I Make a Statement to the Other Party’s Insurance Company?

Most car accident victims do not know how to handle the insurance claims adjuster's requests for a statement after an automobile accident.  Many of these people wish to appear polite, and see no harm in giving the adjuster “just the facts” regarding the accident.  This common misconception can seriously damage your claim after an automobile accident.

As any Albuquerque car accident lawyer will tell you, the less you say to the other party’s insurance company, the better.  Seemingly innocuous facts can be used in court against you, hurting your credibility and damaging your chances of receiving a fair settlement.  If you are asked by an insurance claims adjuster to provide a statement, here’s how to respond. 

Ask the adjuster:

1. May my attorney be present when I submit my statement?
2. Can my insurance company get a statement from the driver covered by your insurance company?
3. Do you know who was at fault during the automobile accident?  Are you trying to obtain evidence for a case of “shared or comparative fault?”
4. Do you intend to use this statement in the courtroom?  Can I make a statement on the condition that my words will not be used in court?
5. Can you obtain this information from your driver’s statement, witness’ statements or the police report?

As you can see from these questions, making a statement can have repercussions that you may not initially consider.  The claims adjuster can use your words to establish “shared fault” or to put the fault for the accident on you.  Most of the “facts” he or she is looking for can be readily obtained from the police report, the other driver’s statement or the statements of witnesses.

If you’ve already made a statement to an insurance claims adjuster and now have reason to believe that you need the aid of an Albuquerque, New Mexico car accident lawyer, be upfront with your attorney about every piece of information you’ve already provided to the insurance company.  Your Albuquerque car accident lawyer will do everything in his or her power to minimize potential damage from your statements and protect your settlement.

• If you have been involved in an Auto Accident and may need legal assistance, Submit Your Case for a Free Review from a Car Accident Lawyer in Albuquerque.