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7/13/2011
Davis Law Group Staff
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Seventeen (17) Things to AVOID When Speaking with an Insurance Adjustor About Your Personal Injury Claim

● No recordings. Do not agree to have the conversation recorded by the insurance adjustor unless your attorney is present on the call.
● Do not engage in casual conversation. Insurance adjustors will try to use informal conversation in an effort to relax you and get as many details about the accident as possible. The more detail you give, the greater chance of creating an inconsistency, which may be used against you later on. Be aware of this.
● Do not agree to anything. The call should be about collecting information, NOT about you agreeing to anything.
● Do not identify witnesses. During an interview with the adjustor, you are not obligated to identify witnesses or answer every question that is presented to you.
● Avoid talking in absolutes. In other words, do not give exact distances, times, etc. Always use qualifying words such as "approximately" when describing the details about the accident. Again, if your "estimate" turns out to be wrong, it will be used to suggest that your testimony is unreliable.
● Do not give anything except general information. You should speak with your attorney before you give a formal recorded statement.
● Keep calm. Do not argue or get angry with the adjustor. Acting unprofessional or in a hostile manner can make it much more difficult to obtain a fair settlement of your case.
● Do not guess at the meaning of any question. If you do not understand a question, say so. "I don't know" is usually an adequate answer if you don't understand the meaning of the question.
● Do not volunteer information. Make sure you fully answer the adjustor's question and then quit speaking. Although it is important always to tell the truth, it is also important not to give more information in your answer than is necessary.
● Do not interrupt. When the interviewer is asking the question, allow him to finish even if you think you already know the answer.
● DO NOT SIGN ANYTHING. No matter what the insurance adjustor sends to you, never sign anything. Instead, pass the documents along to your attorney for review.
● Do not answer compound questions with a "yes" or "no" answer. Compound questions are two or more questions mixed into one. A "yes" or "no" answer may be accurate for one of these questions, but not for the other. Your answer can be misinterpreted.
● Do not allow the adjustor to assume facts that are not true when asking his question. Always correct or clarify any untrue facts. Never let the adjuster put words in your mouth.
● Do not use phrases like "In all honesty" or "I would never lie." These statements suggest that you do not always tell the truth.
● Do not use words like "always" or "never." Speaking in absolutes can be dangerous if it turns out your answer was wrong.
● Do not give long narrative answers. Short and concise answers are the best. Long-winded narrative answers are more likely to contain minor inconsistencies or errors that a claims representative can use to defeat and/or minimize your claim.
● Do not use words like "uh-huh" or "mm-hmm." These can be misinterpreted and change the meaning of your answer.


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In his years as a Seattle accident attorney, Chris Davis has seen injury victims make a number of mistakes before hiring a lawyer.  Mistakes that can potentially harm their case and reduce their settlement value. Davis has written several books on Washington accident law which define the legal process and identify some of the most common mistakes that people make. The books translate complex legal and insurance jargon into plain English, providing readers with the opportunity to better understand the accident claims process.

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