1. I Don’t Need A Lawyer – Saying this could imply that you don’t realize the seriousness of your situation or the potential value of your claim. Even if you do not hire a lawyer, it is important, to be honest with an insurance adjuster and consult an attorney before making any decisions.

2. It Wasn’t My Fault – Admitting fault or accepting blame can be used against you by the insurance adjuster to reduce the amount they are willing to pay out in the settlement. If you believe another person was at fault, do not admit fault; discussing the evidence with a personal injury lawyer will help you present a strong compensation case.

3. I Can’t Remember What Happened – If you are a victim of an incident, it is important to remember the details. Even minor details, such as the time of day, weather conditions, etc., can be used to support your case, so never say that you don’t remember what happened.

4. I Don’t Want To Sue – While this may seem honest, it is important to remember that personal injury cases rarely go to court, and most claims are settled before they even get there. Making this statement could also imply that you do not think you have a valid claim which could work against you if the case does end up in court.

5. I Don’t Care How Much Money I Get – Insurance adjusters are less likely to take you seriously if they believe you do not know the value of your claim. Discussing potential damages with a lawyer before talking to an insurance adjuster will help ensure that you receive fair compensation for your losses.

6. I Don’t Have Any Evidence – Having evidence such as photos and witness statements can be used to strengthen your case. If you don’t have any evidence, tell the insurance adjuster that you plan on collecting some soon, so they know you are serious about pursuing a claim.

7. It Was Just An Accident – Even if an accident was unavoidable, do not refer to it as “just an accident”; this statement implies that the incident was minor and you are unlikely to receive a large settlement if you downplay it.

8. I Am Already Living With The Consequences – An insurance adjuster could use this statement to reduce the amount they are willing to pay out in compensation, as it implies that you have already accepted your losses and will not require additional damages for pain and suffering.

9. I Wasn’t Hurt That Badly – Again, this statement could be used against you as it implies that your injuries were minimal and that you do not need compensation. If your injuries are more severe than initially thought, speak with a lawyer before talking to an insurance adjuster so they can discuss your options.

10. The Other Person Is To Blame – Do not admit fault or assign blame to the other person involved in the incident until you have discussed it with a lawyer and had them analyze the evidence. Doing so could reduce your chances of receiving compensation from their insurance company.

If you have been injured in an accident, it is important to remember that the insurance adjuster works for their employer, not for you! Before speaking with them, consult a personal injury lawyer so they can help ensure that you get fair compensation for your losses. Avoid saying these ten things, as they could risk your chance of receiving a settlement!

As always, contact our team here at The Law Office of Roberto Hernandez for more information on handling an insurance adjuster or discussing your case in full. We are here to help you recover from your injury and get the compensation you deserve!

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At the end of the day, you CAN still seek compensation as long as your own negligence does not exceed that of the other party. However, your share of fault does impact the amount you are entitled to receive as compensation. The only real way you can assess the value of your claim is to consult a Utah personal injury attorney. 

Benefits of Speaking with an Attorney

An attorney will review all factors involved in your case and give you an estimate. It’s important to know that personal injury claims cover a lot more than just medical expenses and property damage. There are compensations for pain and suffering, loss of income, disability adjustment, and much more. Once your case has been valued, the percentage of your part at fault is deducted. 

This is much better than nothing. Just keep in mind that you can also influence what percentage of fault you end up having. By saying the wrong thing to an insurance adjuster, you can increase your percentage of fault. Do not fear though, all you have to do is work with an experienced Utah personal injury attorney. That way you have someone on your corner making sure you get the most compensation you can and protect yourself from those pesky insurance adjusters.

Do not waste precious time pondering your own percentage of fault, or even the value of your case. Let us help you! Call our offices and schedule a consultation. Our attorneys will review your case and explain to you all your options and answer any questions you may have. 

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64,597 car crashes occurred in Utah in 2019. Some of these crashes came to the Ault Firm in search of help and we delivered, letting them know what to expect and guided them through what comes next. If you have been in an accident in Salt Lake County, Utah, contact us for a free consultation.

Insurance Adjuster

An insurance adjuster’s job is to handle all aspects of a car accident claim. They schedule damage inspections and review crash reports and medical records of the injured party; then, they place a monetary value on the claim. One of the first things they do as part of the adjuster’s claim investigation is interviewing the claimant and all other witnesses to the crash.

Requests for a Statement

Before you even get home from the crash scene, you may receive a call from an insurance adjuster. As soon as the insurance company is alerted that one of their insured customers has been involved in a car crash, they assign an insurance adjuster to investigate the claim. In order to keep insurance adjusters from devaluing your claim, we advise you to refuse to answer. Here’s why:

1. The insurer can use your statement against you – If you happen to tell the adjuster that you weren’t injured but later find that you sustained whiplash from the accident (usually suffered after a few hours to days following the accident). They will use this to question your credibility.
2. The insurer will use anything you say to reduce your compensation – If you admit to having looked at your phone for a split second, they will use this to assign part of the fault to you, which in turn, will reduce the compensation for your claim.
3. They may trick you with contradictory questions – An insurance adjuster could ask you the same question but in different ways, making you have to answer differently and create inconsistencies in your claim.

If you have decided to give your insurance adjuster a statement, here are a couple of things you can do to protect yourself and get the compensation that you truly deserve.

1. Do not admit fault/guilt for the crash. 
2. Do not answer any questions you don’t know the answer to.
3. Do not give any information unless it is requested. 
4. Keep your answers brief.
5. Don’t sign anything unless you’ve had an attorney look through it first. 

What Information Do You Have to Provide?

First, the adjuster will ask for your permission to record the phone interview. Then they will ask for simple information such as your full name, address, and date of birth. They will then ask questions covering things such as;

•  the damage to your vehicle,
• the weather conditions during the accident,
• if you had any passengers at the time of the accident,
• drug or alcohol use,
• effectiveness of safety device deployment,
• if you took evasive maneuvers,
• if you sustained any injuries,
• and if you had medical treatment.

At the end, they will ask if you have anything else to say to be put into the record.

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1. Inform your attorney about your medical history, including injuries, addictions, ailments, and illnesses

Insurance companies share information and can track every claim you’ve ever made. Pre-existing medical conditions will be revealed. Tell your attorney about past problems upfront, or insurers may argue that your injuries stem from earlier (or later) medical issues.

2. Keep your records for all out-of-pocket medical expenses and lost income.

• You are entitled to copies of your medical records. Collect copies of everything, including prescriptions, bills, and receipts for medicines taken.
• Save all bills relating to your claim (hospital expenses, medicines, therapy, appliances, home aides – anything relevant to your recovery). Pay bills by check or credit card. If you must pay by other means, demand complete receipts with bill headings.
• Keep a complete record of all lost wages. Working with your attorney, you can ask for a statement from your employer outlining time lost, rate of pay, hours worked weekly, and any relevant losses suffered. Keep copies of your paycheck, stubs, payslips, and time cards.

3. Take notes – lots of them.

If your attorney asks for them, these notes will later help illustrate how your life has changed because of the incident. Your attorney may (or may not) ask you to keep a daily record for him or her of your physical and emotional experiences after the incident, even if they seem uninteresting. Those might describe what you do when you get up in the morning, what type of effort you put into your job, and what non-work activities you do. Describe all changes in your work, personal, and family life. Include notes about medical treatments, medications, hospitalizations, symptoms, setbacks, and inconveniences.

4. Don’t talk. Don’t sign.

• Do not discuss your case with anyone – not even your family, friends, boss, or those responsible for the injury. Never speak to the other party’s attorneys or insurer! Conversations can be recorded and used against you; the adverse party may photograph or videotape you at any time. Speak about your case only with your attorney.
• Do not sign any documents without your attorney’s consent. If you get any letters from anyone connected with your case, send copies of them to your attorney immediately. Keep your original.
• Consult your attorney before making a report to your own insurance company. Familiarize yourself with the details of your policy.

5. Don’t throw any evidence away – it might be important

Keep anything that might be linked to your cases, such as clothing, photos, defective parts/machinery, or foreign substances involved in your injury. Save medicine bottles and physical therapy devices. Take photographs of all motor vehicles, appliances, and so forth that may be connected (directly or indirectly) with your injury incident.

Following these tips after an injury incident, you stand a much better chance of receiving a fairer insurance settlement.

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According to InsuranceJournal.com, in 2015, roughly 13% of the drivers on US roads do not have insurance despite the preceding. Uninsured drivers equate to approximately one out of every eight vehicles. That is a troubling statistic. What happens if you are one of the unfortunate auto accident victims hit by a driver who does not have insurance? If you are injured by an uninsured driver and are at fault for the accident, your recourse will be to claim your uninsured policy. If you do not have this coverage, you will be responsible for addressing the costs without recourse against an automobile insurance company. 

Understanding Uninsured Motorist Accidents

What exactly is an uninsured policy, or rather uninsured motorist coverage (UM)? This is a specific portion of your system that comes into play when you are hit by a driver who does not have insurance. This policy will also be utilized if a hit and run driver injures you. Uninsured policies can address medical bills, pain, and suffering, funeral costs, and lost income. However, if you are to make an insured claim, this can impact (and most likely will) your insurance premiums. After all, even though the accident is not your fault, you are claiming your own insurance company.   

What can you do About a Car Crash?

Utah law does not require you to carry uninsured motorist coverage. That said, if you are injured and need assistance, you will be grateful you can make an uninsured claim. It is your protection against those individuals who do not have insurance coverage. Be sure to communicate with your insurance agent that you want uninsured (and on a different topic, underinsured) motorist coverage. Many people will waive their uninsured and underinsured motorist coverage in an attempt to save a little bit of money. As an added layer of protection, Utah law requires that a waiver of these policies be done in writing.   

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Declining your Settlement Offer without Legal Representation

Unless you refuse a settlement offer while being represented by an attorney, it is also an unwise legal choice.

Attorneys Should Always Review Offers

If you decline an offer at any time, then the initial settlement offer will no longer be valid. You will find that you cannot accept an offer after you have refused it. Also, you will not accept if the other party ends up withdrawing from the offer. Any experienced personal injury attorney should determine the value of the offer before you reply. Hiring an attorney after you have rejected an offer may be too late.

Don’t Fear Counteroffers.

If you have taken the necessary steps and hired a lawyer, they can counteroffer and negotiate your settlement offer on your behalf. Your lawyer can make sure to request the correct reimbursement for your medical bills, lost wages, pain and suffering, and any other relevant expenses that the original settlement did not include. It is your personal injury lawyer’s goal to obtain a settlement that is in your best interest. They can also prepare your case for trial if they cannot reach an acceptable settlement agreement with the insurance company.

Whether to reject or accept a settlement offer is an important decision. Settlement letters can be technical and highly complex legal documents. You need an experienced personal injury lawyer to understand your settlement offer’s details better and make sure you are receiving the compensation that you legally deserve for your sustained injuries.  

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As your home will most likely be the largest investment of your lifetime, be sure to safeguard it as much as you can. A careful review of your homeowner’s policy will outline areas of coverage – as well as items that are not covered. If you have questions, you can meet with your insurance agent or even have your policy reviewed by a professional such as your attorney. 

Homeowner’s Insurance Policy

In proactively addressing issues, thoroughly review your homeowner’s policy to confirm what specific damage types are covered. Often, you have to include additional riders, or a separate insurance policy, to safeguard against possible damage and destruction to your home. A standard insurance policy typically does not cover damage to your home from an earthquake, flood, smoke, or general wear and tear. Homeowner’s policies also may not cover damage from rodents, pests, or insects such as termites. Believe it or not, termites do exist in Utah.

A typical home insurance policy will include the dwelling, loss of use of the dwelling, other structures (such as a shed or separate parking structure), personal liability, and personal property coverages. Most policies will also cover some common dangers: burglary, explosion, fire, hailstorms, vandalism, and windstorms. If you do have a separate structure on your property, be sure to let your insurance agent know ahead of time that you have a shed, gazebo, or even a luxury doghouse so your policy can address it. 

Other Liability Concerns

In discussing what your homeowner’s policy may not cover, you may be surprised to learn that your homeowner’s policy will most likely cover some things you would not expect. This includes a dog bite and a lawsuit if someone is injured at your home or on your premises. Your insurance policy may also provide for a hotel or lodging if you have to relocate while repairs are being made to your dwelling. Another significant area of coverage that is probably provided is identity theft. This is invaluable in today’s environment, as all of us could be subject to this scary notion.

The declaration page of your homeowner’s policy will highlight what is covered and what is not, as well as the limits and deductibles. Understand, though; this is not a substitute for a comprehensive read of your policy.  

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Understand Your Need to Hire a Car Accident Attorney in Utah

Personal injury and wrongful death instances occurring from traffic mishaps end up being complex very quickly. Even if the various other chauffeur’s obligation for triggering the collision is not unsure, concerns concerning the origin, extent, and cost of the resulting injuries require to be answered with many certainties.

Include the insurer’s financial rewards to locate any reason to refute insurance claims or offer extremely reduced settlements, and it becomes clear why the victim of a negligent or careless driver would undoubtedly gain from partnering with an automobile mishap lawyer whose just task is to operate in the very best rate of interest of the target,

Speak with an Injury Lawyer

Make the most of the selection that living in the state resources region manages. Start by doing an internet look for injury and wrongful fatality lawyers and speak to family and friends who have employed automobile mishap lawyers for their situations.

• Requirements that make an attorney well worth more consideration include
• Strong recommendations from individuals you count on,
• Success handling cases like your very own,
• Obtainable location, so you do not require to travel an unreasonable distance for in-person conferences, and openness regarding charges and expenses.

Offer terrific weight to the appropriate experience. Vehicle accident cases differ substantially from cases entailing tractor-trailers and various other industrial lorries. Bicycle motorcyclists and pedestrians require accessibility to several types of knowledge than do innocent vehicle drivers and passengers. When the at-fault driver was operating without an insurance policy or devoted a hit-and-run, still one more set or expertise and experience will undoubtedly become indispensable.

Save Every Piece of Paperwork Related to Your Accident

Doing well with an insurance policy claim or civil legal action requires offering persuading proof:

• The various other vehicle driver triggered the crash,
• You endured injuries in the crash,
• The injuries were severe enough to require healthcare or take a life, as well as
• The damages enforced financial expenses and other losses for treatment, special needs, or fatality.

This sort of evidence originates from police accident records, medical records, drug store receipts, therapists’ notes, and impairment claims. Bringing such materials to your first conference with a car mishap attorney will help the lawyer recognize if you have a strong situation.

Meet Your SLC, UT Auto Crash Lawyer

You employ your injury or wrongful fatality attorney. Act like a hiring supervisor as well as perform interviews.

Inquiries to ask throughout the very first appointment include

• Strictly how have you handled situations comparable to mine?
• How did those various other instances finish?
• Do I have a winnable case?
• Only how entailed do I directly require to be in working out with insurer agents?
• What will this cost me?

Along with obtaining understandable answers, listen for honesty as well as reasonableness. You do not need to be close friends with your lawyer, yet you require relying on the person you work with for your instance. It would be best if you also relied on that you can stand working with the individual for several months.

Accept No Guarantees

Walk away from any lawyer who swears you will undoubtedly win your situation. Run from anyone who defines how much money you will get.

Returning to just how challenging website traffic crashes get and exactly how highly insurance companies oppose cases, it is impossible to guarantee an exact result. What you do want to hear is that your legal representative will certainly make use of every bit of understanding and experience to accomplish the very best possible result.

Understand Communication 

Insist on timely replies to phone messages and e-mails. Your instance might take longer than it seems reasonable to get to a conclusion. However, you need not wait to obtain responses to questions or see your issues dealt with. Urge, as well, on straightforward answers even when the news may not be what you want to hear. Use these regulations regarding sincerity and responsiveness from the minute of the first contact.

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