When you file a car accident claim in Vermont, the insurance company assigns a claims adjuster to evaluate the damages and determine compensation. While claim adjusters may appear friendly and cooperative, their primary goal is to lower payouts for the insurance company. Saying the wrong thing can often jeopardize your claim, so it is very important to be strategic in your communication.
Understanding the Role of a Claims Adjuster
A claims adjuster investigates accident claims, assesses damages, and negotiates settlements. They gather information from police reports, medical records, and witness statements. Their objective is to resolve claims fast while limiting the insurance company's liability. Knowing this can help you navigate conversations wisely.
Steps to Take Before Speaking with an Adjuster
Before engaging with a claims adjuster, take these precautions:
- Review Your Policy: Familiarize yourself with your insurance coverage, including liability limits and personal injury protection (PIP) benefits.
- Gather Evidence: Collect photos, medical records, repair estimates, and police reports to support your claim.
- Consult an Attorney: If your injuries are severe or liability is disputed, an attorney can protect your interests.
What to Say to the Claims Adjuster
1. Confirm Basic Information
Provide only necessary details such as:
- Your full name and contact information
- The date, time, and location of the accident
- The vehicles involved
Avoid volunteering extra details about fault or injuries.
2. Stick to the Facts
Keep responses factual and concise. If asked about the accident, describe only what you know for certain, avoiding speculation or opinions. For example:
- Acceptable: "I was traveling east on Main Street when another vehicle struck me from the side."
- Risky Statement: "I think the other driver was speeding, but I am not sure."
3. Do Not Admit Fault
Even a simple apology can be misinterpreted as an admission of liability. Vermont follows a modified comparative negligence rule, which means that your compensation can be reduced if you are found partially at fault. Let the investigation determine responsibility.
4. Avoid Discussing Injuries in Detail
At the initial stage, you may not fully understand the extent of your injuries. Some symptoms, such as whiplash or internal injuries, can take days to manifest. Instead of stating, "I’m fine" or "I only have minor pain," say:
- "I am seeking medical evaluation and will provide records when appropriate."
This prevents the insurance company from downplaying your injuries.
5. Decline Recorded Statements
The adjuster may request a recorded statement, claiming it is standard procedure. Politely refuse, stating:
- "I prefer to provide written statements or discuss this after consulting legal counsel."
Recorded statements will be used to find inconsistencies in your account, potentially harming your claim.
6. Do Not Accept Early Settlement Offers
Initial settlement offers are almost always lower than what you may be entitled to. Insurance companies aim to resolve claims quickly and for the least amount of money. Before accepting any offer:
- Consult an attorney if injuries are significant.
- Review medical bills, lost wages, and other damages to determine a fair settlement.
- Ensure all future medical needs are considered.
7. Limit Social Media Activity
Insurance companies monitor claimants’ social media for posts that contradict their injury claims. Refrain from sharing accident details, injuries, or physical activities that could be misinterpreted.
What If the Adjuster Pressures You?
Insurance adjusters sometimes use tactics to push claimants into unfavorable settlements. If an adjuster is overly aggressive:
- Reiterate that you are gathering necessary information before making decisions.
- Request communication in writing.
- Consult an attorney if you feel pressured.
Vermont’s Insurance Laws and How They Impact Your Claim
Vermont requires drivers to carry at least the following minimum insurance coverage:
- $25,000 per person for bodily injury liability
- $50,000 per accident for bodily injury liability
- $10,000 for property damage liability
- Uninsured/Underinsured Motorist Coverage of $50,000 per person and $100,000 per accident
If the at-fault driver is uninsured or underinsured, your UM/UIM coverage can provide compensation. Understanding these laws can help you assess whether an insurance offer is reasonable.
When to Seek Legal Assistance
Consider hiring a personal injury attorney if:
- Liability is disputed
- Your injuries require ongoing medical treatment
- The settlement offer is insufficient to cover damages
- The insurance company denies your claim
Attorneys can negotiate with insurers, protect your rights, and ensure you receive fair compensation.
Conclusion
Communicating with a claims adjuster after a Vermont car accident requires careful wording and strategic responses. Stick to the facts, avoid admitting fault, and consult an attorney when necessary. By handling the conversation wisely, you can strengthen your case and secure the compensation you deserve.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Vermont car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.