Always remember that insurance companies exist to collect premiums, not pay claims. Insurance companies often attempt to control the flow of information. It helps them influence the outcome of your case, and they use a variety of tricks to get the upper hand.
Even when it is clear who is at fault, insurance companies may ask you for a recorded statement. The information you give could reduce your recovery. Did you know that Indiana law prevents recovery if you are more than 50% at fault? Worse yet, under Indiana’s comparative fault laws, if you are partially at fault the insurance company only has to pay part of the claim.
Insurance companies often use recorded statements and specific questions to shift the blame and reduce the claim.
Consider these points:
It’s clear the other driver ran the stop sign – the police report even says so. Ask yourself, “Why does the insurance company want a recorded statement? Are they trying to deny liability, or partially blame you for the collision?
Answering even innocent-sounding questions such as, “How are you today?” can be important. The polite response is often, “Fine, thank you.” They may later argue any complaint after that date is not their problem because you stated your condition was “fine.”
Insurance companies may ask for a description of injuries hoping that your list will not match detailed medical records, allowing them to claim no responsibility for details you neglected.
It is dangerous to sign authorizations regarding the release of medical information. Done at the wrong time, or without certain limiting language, these documents can significantly hurt your case.
You may allow insurers to contact your doctors and try to influence how they treat your injuries.
You may legally surrender your medical privacy allowing investigators to search for anything that can be used against you.
It is important to allow your attorney to control the flow of information regarding your case. We understand the tricks and how the game is played. Sadly, insurance companies know you probably don’t.