Frequently Asked Questions and Answers for Personal Injury Victims

Most items in personal injury claims tend to be negotiable or at least subject to an interpretation of some kind. The statute of limitations is NOT one of those issues. It is a non-negotiable, claim killer if you aren’t careful. So, while it does not require proving anything (some rare exceptions), it does require you to take certain steps to preserve your claim in a timely fashion.

The statute of limitations is a critical aspect of any legal claim, including personal injury cases. It sets a strict time limit within which an injured party must file their lawsuit. Failure to initiate legal action within the specified time frame can result in the loss of the right to seek compensation for injuries sustained. This long-form answer aims to provide a comprehensive understanding of the statute of limitations for personal injury claims in New Mexico.

What is the Statute of Limitations for Personal Injury Claims in New Mexico?

In New Mexico, the statute of limitations for personal injury claims is typically three years from the date of the injury. This means that an injured individual has three years from the date the injury occurred to file a lawsuit seeking compensation for their damages. It is crucial to note that the statute of limitations is a strict deadline, and once it expires, the injured party may be barred from pursuing legal action.

Are There Any Exceptions to the Three-Year Limit?

Yes, there are certain exceptions that may either extend or shorten the statute of limitations in specific circumstances:

A) Discovery Rule: In cases where the injury is not immediately apparent or is discovered at a later date, the statute of limitations may be tolled (paused) until the injury is discovered or should have reasonably been discovered. Be aware- this can be tricky and does not apply in every situation.

B) Minors: If the injured party is a minor (under 18 years of age) at the time of the injury, the statute of limitations is generally tolled until they reach the age of majority (18 years old). This allows them to file a claim once they become legal adults.

Statute of Limitations for Claims Against Governmental Entities

When pursuing personal injury claims against governmental entities, such as city or state agencies, there are specific time limitations that plaintiffs must adhere to:

A) 90-Day Tort Claim Notice: Before filing a lawsuit against a governmental entity, the injured party must provide a notice of claim within 90 days from the date of the injury. This notice serves as a formal notification to the government of the intent to bring a claim against them.

B) Two-Year Statute of Limitations: After providing the 90-day tort claim notice, the injured party has two years from the date of the injury to file a lawsuit against the governmental entity. If they fail to file the lawsuit within this two-year period, their right to seek compensation may be lost.

Why is the Statute of Limitations Important in New Mexico?

The statute of limitations serves several essential purposes:

A) Encourages Timely Action: It promotes the prompt resolution of legal claims, ensuring that evidence and witnesses' recollections are still fresh and readily available.

B) Protects Defendants: Defendants have the right to be free from the threat of litigation after a reasonable period has passed since the incident.

C) Judicial Efficiency: It helps prevent old and potentially unreliable claims from burdening the court system, allowing cases to be resolved more efficiently.

Understanding the Statute of Limitations and Why You Need to Contact a New Mexico Personal Injury Attorney

Understanding the statute of limitations for personal injury claims in New Mexico is crucial for injured individuals seeking compensation for their damages. The three-year time limit generally applies, but exceptions such as the discovery rule and the age of the injured party can impact the deadline. Additionally, when filing claims against governmental entities, the injured party must adhere to the 90-day tort claim notice requirement and the two-year statute of limitations. It is essential to consult with an experienced New Mexico personal injury attorney to ensure that all legal deadlines are met and to protect the injured party's rights during the litigation process. Failing to file a claim within the statute of limitations may result in the loss of the right to seek compensation for the injuries sustained.

Our dedicated New Mexico personal injury team here at The Injury and Disability Law Center is here to help you. Schedule your free initial consultation today by calling our office at 575- 300-4000, starting a chat, or filling out our online form.

If you want even more information, feel free to check out my FREE eBOOK, Car Accident Cases Made Simple(r), where I discuss this topic and more.

One of the most frequently asked questions we get in our Roswell personal injury practice is how long is this going to take to resolve? When I (Jeremy) was in my car accident, I had the same question, so I understand why this question comes up so often. As with so many parts of the law, the answer is it depends. With that said, though, there are some general timelines that guide most cases. That timeline is best understood through understanding some of the various stages of a claim. 

While the duration can vary depending on the specifics of each case, I will try to provide a general overview of the stages involved in resolving a personal injury case in New Mexico. 

1. Investigation and Pre-Litigation Phase 

Before filing a lawsuit, a significant amount of time is spent investigating the case and negotiating with insurance companies. This phase involves gathering evidence, collecting medical records, interviewing witnesses, assessing liability, and determining the extent of damages. On average, this stage can take several weeks to a few months or longer, depending on the complexity of the case. It will also depend on factors such as whether liability is disputed and how long the medical treatment lasts. 

2. Filing a New Mexico Lawsuit and Discovery Phase 

If a settlement cannot be reached, we may file a lawsuit. This marks the formal beginning of the litigation process. The discovery phase follows, during which both parties exchange relevant information and evidence. In New Mexico, the duration of this phase can vary, but it often takes several months or longer, depending on the complexity of the case and court scheduling. 

3. Mediation, Negotiation, or Trial 

Following the discovery phase, parties typically engage in alternative dispute resolution methods such as mediation or negotiation. Mediation involves a neutral third-party facilitating negotiations, while negotiation involves direct communication and bargaining between attorneys. These processes can take a few weeks to several months, depending on the willingness of both parties to cooperate and the complexity of the case. If settlement negotiations fail, the case may proceed to trial. The trial process can vary in length, ranging from a few days to several weeks, depending on the complexity of the case and court availability. It's important to note that not all personal injury cases in New Mexico reach the trial stage, as many settle before reaching this point. 

4. New Mexico Case Resolution and Post-Trial Matters

After a trial, the judge or jury will render a verdict, determining the amount of compensation to be awarded if the injured party is successful. However, the opposing party has the option to appeal the decision. Appeals can prolong the resolution timeline by several months or even years, depending on the appellate court's schedule. 

Get the Help You Need From Our New Mexico Personal Injury Lawyer 

Resolving a personal injury case in New Mexico involves several stages, including investigation, pre-litigation, filing a lawsuit, discovery, alternative dispute resolution, trial, and potential appeals. The duration of each stage can vary depending on the complexity of the case and court scheduling. It's essential to consult with an experienced personal injury attorney in New Mexico who can provide more accurate estimates based on the specific circumstances of your case. Patience and collaboration with legal professionals are key to ensuring a fair resolution and receiving compensation for your damages and losses.

If you were injured in a motorcycle collision in New Mexico, you might be surprised to receive a settlement offer from the insurance company soon after you file your claim. It may be tempting to accept their offer if you need the money and want to resolve your case quickly to move on with your life. However, it is rarely in your best interests to accept the first offer that the insurance adjuster makes.

Why the Insurance Company May Offer You a Quick Settlement

The real reason the insurance adjuster may want to settle your claim quickly is to save the insurance company money by settling your claim for less than you deserve. They want you to accept their offer before you know the full extent of your injuries and speak to a knowledgeable personal injury attorney who can tell you how much your claim is really worth.

Reasons Not to Accept the First Offer You Receive

You are entitled to recover compensation for your past and future medical expenses, lost wages, property damages, and pain and suffering from the negligent driver and their insurance company under New Mexico law. Here are some of the reasons it would be a bad idea to settle your claim too quickly:

#1: You Don’t Know How Serious Your Injuries Are

First, you should not accept a quick settlement because you can’t know how serious your injuries are or the medical treatments you will need right after the motorcycle accident. You should wait until you reach your maximum medical improvement (MMI) to settle your claim. This is the stage in your treatment when you have fully recovered or recovered as much as possible, and your doctor can give you a final prognosis.

You cannot know the cost of your future medical care or how your injuries will impact your ability to work until you reach your MMI. It could take months or more than a year to reach this stage of your medical recovery, especially if you suffered a long-term injury or multiple injuries.

#2: The Offer Is Too Low

The insurance company’s first offer will most likely be for much less than the total value of your claim. They hope you are desperate to settle your claim, even if it is for far less compensation than you deserve.

#3: Settlements Are Final

Once you reach a settlement with the insurance company, they will send you a release of all claims form to sign before they mail you your check. When you sign the release, you agree that this is a final settlement of your claim. You would be unable to reopen your claim later to request more compensation if you discover that your injuries are more severe than you thought or that you can no longer work.

What You Should Do if You’re Offered a Quick Settlement

You should never accept a settlement offer without first consulting with a lawyer. You should retain an attorney immediately if you do not have one and leave negotiating your settlement to them.

The insurance company could send you a check before you agree to settle your case. Do not cash the check. You could give up your right to pursue your right to seek all the damages you are entitled to under New Mexico law.

Were you or a loved one injured in a motorcycle accident in Roswell or Southeast New Mexico? Our experienced personal injury lawyers can explain your rights, collect the evidence you need to win your case, and go up against the insurance company so that you receive the maximum recovery in your settlement. Call our Roswell office at (575) 300-4000 or fill out our online form to schedule your free consultation today to learn about our track record of success in motorcycle crash cases and how we can assist you.

Related Links: How Motorcycle and Car Accident Claims Differ How a Lawyer Can Help in a New Mexico Motorcycle Crash Case Evidence You Need in a Motorcycle Accident Case

 

If you are filing a claim for compensation under New Mexico’s dog bite laws for injuries you suffered in a dog bite, you will want to know how long it will take to settle your claim. Unfortunately, an experienced personal injury lawyer cannot give you a precise answer on when your case will be settled because every claim is unique. However, understanding the factors that influence the length of time to resolve a claim can give you a sense of how long it will take to settle yours.

What Is the General Time Frame for Settling a Dog Bite Case?

There is a broad time range of how long it can take to settle a dog bite claim. Some cases will be settled within a few months, while others can take a year or more to be resolved, especially if the case is litigated and goes to trial.

What Factors Can Affect the Length of Time it Takes to Resolve a Dog Bite Claim?

There are a number of factors that can affect how long it will take to settle a claim with the insurance adjuster. Here are important ones that can impact on how long the process will take.

Seriousness of Your Injuries

If you suffered minor injuries and recover from them quickly, the value of your claim will be lower. The insurance adjuster for the dog owner may be willing to offer you a settlement quickly that fully compensates you.

However, if you suffer a long-term injury, such as scarring or disfigurement, nerve damage, an amputation, or organ damage, you will be entitled to more compensation for your medical expenses, lost wages, and pain and suffering. Even if you have a strong case, the insurance company could raise many defenses and fight for longer to deny your claim or pay you less money in your settlement.

How Long It Takes You to Recover

You might not realize that how long it takes you to recover can affect the length of time it takes to settle your claim. However, you should not try to resolve your claim until you fully recover from your injuries or recover as much as possible, and your doctor can give you a final prognosis. If you suffered severe or multiple injuries, it could take months, a year, or longer for this to happen.

You cannot know the amount of damages you are entitled to, especially your future medical expenses, lost wages, and pain and suffering, or if you will fully recover until you reach this stage in your medical treatment. Once you settle your case with the insurance company, your settlement will be final. You cannot reopen your claim if you later discover your injuries were more serious than you thought.

Your Partial Fault

It could take longer to resolve your case if the insurance adjuster claims you were partially to blame for causing the dog to bite you. They could argue that you provoked the dog—even if it is not true. Your attorney may need to collect additional evidence or file a lawsuit to convince the insurance company of their liability to compensate you.

Litigation

Your attorney will need to file a lawsuit if the statute of limitations, which is the deadline you have to sue the dog owner, will expire soon or if the insurance company refuses to offer you a fair settlement. It can take over a year to litigate a case, especially if it goes to a jury trial.

Most cases will be settled at some point in the litigation process. However, litigation significantly increases how long it can take to settle a claim.

Did a dog bite you or a family member in Roswell, Carlsbad, or Southeast New Mexico? Our skilled personal injury attorneys can help collect the evidence you need to win your case and go up against the insurance company for the compensation you deserve. Call our Roswell office at 575-300-4000 or fill out our online form to schedule your free initial consultation today to learn more about how we can help you.

Related Links: Important Steps to Take If You’re Bitten by a Dog How Much Is My Personal Injury Claim Worth? How Do I Pay My Medical Bills After a Dog Bite?

 

If you were injured in a motorcycle collision caused by a negligent driver in New Mexico, you may wonder if you should file your claim or hire a lawyer to represent you. The best choice would be to let an experienced personal injury attorney negotiate your settlement if you want to obtain all the compensation you deserve for your injuries. Here are seven ways an attorney can help you.

#1: Communicate With the Insurance Company

One way a lawyer will assist you is to take over all communications with the insurance adjuster. If you try to talk to the insurance company yourself, you could inadvertently say something that could be misconstrued as an admission of guilt or otherwise hurt your case. The insurance adjuster could also take advantage of you and get you to agree to give a recorded statement or sign a medical authorization to get ammunition they can use to deny your claim. You avoid all these problems by letting your lawyer deal with them.

#2: Collect the Needed Evidence

You must prove the other driver’s negligence in causing your motorcycle accident, the seriousness of your injuries, and the amount of compensation you should receive from the insurance company. You do this by collecting evidence that proves your case. A skilled personal injury lawyer will determine what evidence you need and will collect it for you.

While you may be able to obtain some evidence on your own, other types of proof could be difficult to get. Helpful evidence your attorney may collect to establish the motorist’s negligence includes:

• Police report
• Photos and videos of the collision
• Eyewitness statements
• Business surveillance camera footage
• Black box data from the negligent driver’s motor vehicle
• Inspection report about the damage to your motorcycle
• Accident reconstruction expert report

#3: Obtain Medical Records and Doctor Reports

Another way an attorney can help you is to obtain and organize your medical records and medical information from your doctor. Having strong medical evidence is essential to achieving a favorable outcome in your case. A lawyer will do the following for you:

• Get and organize your medical bills and records
• Contact the health care provider for any missing bills or medical records
• Work with your physician to ensure that they provide the information you need to show that your injuries were caused by your motorcycle accident, the seriousness of your injuries, the treatments you need, and your final prognosis 

#4: Determine the Value of Your Claim

In New Mexico, you are entitled to recover compensation for your past and future medical expenses, lost wages and lost earning capacity damages, property damages, and pain and suffering when an at-fault motorist caused your injuries in a motorcycle crash. Determining what your claim is worth can be complicated, especially if you are entitled to future medical costs, lost wages, and pain and suffering. A knowledgeable personal injury lawyer who handles many motorcycle accident claims in their practice can value your claim and advise you on what you can realistically expect to receive in your settlement.

#5: Negotiate Your Settlement

Your lawyer will negotiate your settlement with the insurance company. Unfortunately, since the pandemic, it is even more common for insurance companies to try to delay settling a claim when a victim tries to resolve their claim on their own. Insurance adjusters use many excuses, such as that they are working from home or have been sick, and can take longer to return calls.

An attorney may be able to speed up the time it takes to settle your claim. If the insurance adjuster raises disputes to deny your claim or pay you less money—which is common—your attorney will have strategies to refute their arguments.

#6: Work With Lienholders

You may have a lien placed on your settlement by a health care provider or medical insurance company that must be paid when you settle your claim. Your attorney can negotiate with them to try to reduce the amount of the lien so that you receive more money.

#7: Litigate Your Claim

You will need to file a lawsuit if the insurance company refuses to offer you a fair settlement, or the statute of limitations to file your complaint will expire soon. You will need a lawyer licensed to practice law in New Mexico to litigate your case.

Were you injured in a motorcycle accident in Roswell or Southeast New Mexico? Call our Roswell office at 575-300-4000, start a live chat, or fill out our online form to schedule your free consultation today to learn how we can help you.

Related Links: How Motorcycle and Car Accident Claims Differ Common Injuries Caused in Motorcycle Accidents Seven Steps to Take After a Hit and Run Motorcycle Accident

 

You could suffer serious injuries if you are bitten by a dog and may require expensive medical treatments to treat them. You may be worried about how you will pay your mounting medical bills. This is a common worry for many dog bite victims. Here are ways you can get your bills paid without paying them yourself.

Ways to Get Medical Bills Paid for by the Dog Owner

Under New Mexico’s dog bite laws, dog owners are strictly liable to compensate you for a dog bite if they knew or should have known that their dog was vicious or had a tendency to be vicious. They can also be held responsible if their negligence caused the dog attack. Here are the ways you can obtain the compensation you deserve from the dog owner:

• Homeowner’s insurance. If the dog owner owns their home and has homeowner’s insurance, their policy will most likely cover dog bite injuries. You could file a claim to reimburse your medical expenses under this policy.
• Animal liability insurance. The owner may have purchased an animal liability insurance policy. This coverage would cover injuries and other damages a dog caused and would be a way to get your medical bills paid.
• Car insurance. If you were bitten by a dog while in the owner’s vehicle, or the dog jumped out of it and attacked you, you may be able to file a claim under the owner’s car insurance. There must be a direct connection between the motor vehicle and the dog bite.

Should You Use Your Health Insurance to Pay Your Medical Bills?

It could take you months or longer to settle your claim with the owner’s insurance company if they raise defenses to your claim—which is likely. You do not want to go into your savings to pay your medical bills while waiting for your settlement proceeds.

A better option would be to have your health insurance company pay your medical expense and reimburse them out of your settlement. Your attorney may negotiate an agreement with them to accept less than the full amount paid when they settle your claim with the dog owner’s insurance company.

What Are Your Options if the Dog Owner Has No Insurance?

If the dog owner does not have insurance coverage, it can be more complicated to get your medical bills paid. They would still be liable to pay your medical bills, lost wages, and pain and suffering.

However, you may need to file a lawsuit against the dog owner to obtain any compensation from them. You would need to understand that they may not have the financial resources to pay you all the damages awarded to you. In addition, depending on their circumstances, they may pay what they owe you in a small payment plan over time that never fully compensates you.

Using your health insurance to pay for medical bills is essential if the dog owner has no insurance and does not have the financial resources to reimburse you for these expenses. It is also important to pursue claims against all potentially liable parties, such as a dog handler, if they were taking care of the dog when you were bitten.

How a Personal Injury Lawyer Can Help You

If you or a family member suffered dog bite injuries, you should retain an experienced personal injury attorney immediately. They will be able to determine what insurance coverage the dog owner or other negligent party has, collect the evidence you need to win your case, and go up against the insurance company to receive the maximum recovery you deserve. They can also help you explore any other avenues of compensation that you may have if the dog owner has no insurance.

At the Injury and Disability Law Center, we understand how challenging it can be to pay your medical bills after a dog attack, especially if you are off work recovering from your injuries. We are here to aggressively pursue your claim with the insurance company. We handle these cases on a contingency fee basis, so you only owe us attorney fees after settling your claim or winning your case at a jury trial. Start a live chat or contact our Roswell office to schedule your free case evaluation today to find out more about how we can assist you.

Related Links: Should I Settle My Personal Injury Case? How to Get Maximum Compensation in a Personal Injury Case Important Steps to Take If You’re Bitten by a Dog

 

If you were the victim of medical malpractice, you will want to know how much your claim is worth before you decide to pursue it. Many factors go into valuing a claim. Here are some of the important factors that an experienced personal injury lawyer would use when determining how much your claim is worth.

Compensation You Can Receive in a Medical Malpractice Case

One of the first steps an attorney would do is determine the amount of compensation you are entitled to under New Mexico law. You can recover your past and future damages. They include:

• Medical expenses. You are entitled to reimbursement of your medical expenses. If you now have a medical condition that you will never recover from, you may need medical treatments for the rest of your life.
• Lost wages and lost earning capacity. If you must take time off work, you should recover your lost wages. You would be entitled to lost earning capacity damages if you must take a cut in your salary or have become permanently disabled due to your injuries.
• Pain and suffering. Putting a monetary value on your pain and suffering, mental anguish, and reduced qualify of life is the most difficult part of your claim to value. You will need the help of a knowledgeable attorney to determine how much pain and suffering damages you should receive.
• Punitive damages. Punitive damages are not commonly awarded to medical malpractice victims. They are designed to punish the negligent party for their intentional or grossly reckless acts.

Caps on Damages in Medical Malpractice Cases

In New Mexico, there is a cap on how much compensation you can recover in a medical malpractice case, except for your past and future medical expenses and punitive damages. You can receive up to $750,000 against an individual medical provider and $4,000,000 against hospitals and medical provider clinics.

Other Factors That Can Affect Your Claim’s Value

Every medical malpractice case is unique, and many other factors can make your claim’s value increase or decrease. They include:

• Disputes with the insurance company about their insured’s negligence
• Seriousness of your injuries
• Your partial negligence in causing your injuries

Are you the victim of medical malpractice in Roswell or Southeast New Mexico? Do you have questions about your rights or the value of your claim? Start a live chat or contact our Roswell office to schedule a free consultation today to get your questions answered and learn more about how we can assist you.

Related Links: Reasons to Hire a Local Attorney for a Personal Injury Case How to Get Maximum Compensation in a Personal Injury Case Medical Review Hearings in Medical Malpractice Cases

 

Obtaining the compensation that you deserve for your injuries in a slip and fall accident can be difficult. You do not want to make mistakes that weaken your case. Unfortunately, that’s precisely what could happen if you agree to sign the insurance company’s authorization for the release of your medical records.

What Is a Medical Release?

A medical release is a document that allows the insurance company to obtain your medical records directly from your health care providers. It will most likely be a blanket authorization that allows them to obtain all of your medical records—not just the ones related to your slip and fall accident.

Four Reasons Why You Shouldn’t Sign the Insurance Company’s Medical Release

The insurance adjuster may try to convince you to sign their medical authorization by telling you that they need your medical records as part of the investigation of your claim. While it is true that you will have to provide these records to prove the seriousness of your injuries and the cost of your medical care, you do not have to allow the insurance company to obtain them directly. Here’s why you should not sign their medical release:

• Ammunition to dispute your claim. The insurance company wants you to sign their medical release so that they can search your medical records for information they can use to deny your claim or pay you less than you deserve. For example, if they discovered a prior injury or accident, they could argue that your current injuries were caused by another incident other than your slip and fall accident.
• Incomplete records. If you provide the insurance adjuster will your medical records soon after your slip and fall, these records will not provide a complete picture of the seriousness of your injuries or the treatments you may need. It is best to wait until you fully recover or recover as much as you are able to and have a final prognosis to provide your medical records and settle your claim.
• Confidential information. The insurance company’s medical authorization would give them access to your private medical history that they do not need to know to settle your claim.
• Value of your claim. If the insurance adjuster finds information in your records to raise disputes about your claim, this could hurt your case. You may feel forced to accept less compensation than you deserve in your settlement.

Were you injured in a slip and fall accident in Roswell? Our experienced personal injury lawyers can file your claim for you, provide the insurance company with the medical they truly need, and negotiate your settlement with them. To learn more about how we can assist you, start a live chat to schedule a free consultation today.

Related Links: How to Get Maximum Compensation in a Personal Injury Case Should I Settle My Personal Injury Claim? How Much Is My Personal Injury Claim Worth?

 

If you suffered injuries in a car, truck, slip and fall, or another type of personal injury accident, you will need to file a claim with the negligent party’s insurance company. At some point, you will need to decide whether to settle your case or take it to a jury trial.

Factors to Consider When Deciding Whether to Settle Your Claim

Making the decision on whether to settle your claim is one of the most important ones you will make, and you may have to consider this more than once if you receive additional offers from the insurance company. You should not decide this without the help of an experienced personal injury attorney. Here are some of the pros of settling your case versus taking it to trial that you should consider.

Benefits of Settling Your Claim

Most personal injury cases are settled at some point before a scheduled jury trial. There are benefits in reaching a settlement with the insurance company:

• You will receive the settlement proceeds quicker.
• Your legal costs will be less because you will not incur trial costs.
• You avoid the time and energy that a jury trial takes.
• You have the certainty that you will receive some compensation for your injuries. Even if you have a strong case against the negligent party, there is no guarantee you will win at your jury trial.

Benefits of Taking Your Case to Jury Trial

If the insurance company refuses to make you a reasonable offer or the statute of limitations, which is the deadline you have to sue, will expire soon, you will need to file a lawsuit and litigate your claim. However, you could still reach a settlement at some point down the road.

However, there are benefits to taking your case to trial. They include:

• Finality. Presenting your case to the jury and receiving a decision—which will hopefully be favorable to you—can give you a sense that your case is truly over and that you received justice.
• Larger award. A settlement would most likely be for less than what you may receive at trial. While there is no guarantee that you would win your case at trial, you could receive much more money in a jury award.

Proving your right to damages after a personal injury accident is complicated. You need the help of a skilled personal injury lawyer to collect the evidence you need, go up against the insurance company, and decide whether it is in your best interests to settle your case. Call our Roswell office or start a live chat to schedule a free consultation to learn how we can assist you in pursuing your claim.

Related Links: Properly Releasing Medical Information to Insurers How to Get Maximum Compensation in a Personal Injury Case How Long Do I Have to File a Personal Injury Lawsuit in NM?

 

After you’ve sustained injuries in a vehicle accident, you may be contacted by an adjuster from your own insurance company, as well as the adjuster from the other driver’s insurance company. Your response to requests from these adjusters can have a huge impact on your vehicle accident claim.

Responding to the Insurance Company

Regardless of whether you are contacted by your own insurance company or the other driver’s insurer, the insurance adjuster’s job isn’t to help you. The adjuster works for the insurance company, with the goal of saving the insurer as much money as possible. The insurance adjuster will likely ask you for a recorded statement. The appropriate response to this request depends on whether you are being contacted by an adjuster from:

Your Own Insurance Company

If the adjuster from your own insurance company asks for a recorded statement, you must either comply or risk denial of your claim. This is because you, as the insured, are contractually obligated to cooperate with your insurance company. While you are required to comply with your insurer’s request for a recorded statement, you should only do so under the guidance of an experienced personal injury attorney.

The Other Driver’s Insurance Company

The other driver’s insurance company will likely contact you and request a recorded statement. However, you are under no obligation to provide a statement to someone else’s insurer—and you shouldn’t. Insurance adjusters are experts at asking leading questions, and they will attempt to make you admit that the collision was partly your fault. If you say anything that can be interpreted as an admission of guilt, the other driver’s insurance company will likely use your statement to reduce or deny your claim. Instead, you should have an experienced personal injury attorney speak with the insurer on your behalf.

Don’t Jeopardize Your Claim

If you’ve been injured in a vehicle collision, a personal injury attorney can help you avoid making mistakes that jeopardize your claim. To learn more, contact the Injury & Disability Law Center by clicking the Live Chat button on this page.

Related Links: Protecting Health and Compensation After a Vehicle Accident Releasing Medical Records to Insurance Companies Take a Break From Social Media After a Car Accident