Talking to Your Insurance Company

It depends on which insurance company you’re dealing with, but if you’re dealing with your own insurance company and they try to settle or negotiate with you, your insurance policy would then have a provision that would require you to cooperate with that company.

So, if you do not cooperate with them, that company could deny your claim on that basis. If it’s your insurance company that’s contacting you, make sure you speak to the insurance company and cooperate. It does not mean you have to go it alone or anything, but you do not have to talk to the adjuster when you’re not ready.

Let’s say there’s another driver, and their insurance company adjuster is trying to talk to you: You don’t have a duty to cooperate, but it’s important to recognize that the reason they are probably contacting you is they are trying to get a statement from you about how the accident occurred and the resulting damages and trying to lock you down.

I would be wary of adjusters who contact you to get a statement from you from the first contact, because they might be building a defense against your claim or minimizing your payment. These adjusters have a job to do. Their job is to not pay – to minimize your claim, basically, and to only pay as little as they can and then move on to the next claim.

One more thing to consider is that when you’re discussing your accident with the adjuster, you need to realize that in some situations your medical condition may not be fully known; you might not have a diagnosis. You have to be clear with the adjuster that what’s going on, if you intend to get further treatment, you should tell them, and I would not suggest entering into the negotiation with the adjuster until you know the full extent of the medical bills you have incurred and your medical diagnosis.

Attorney Patrick Leverty

Attorney Patrick LevertyWith his master’s in insurance law, Patrick routinely helps individuals and businesses who are having issues with their insurance company. He also has extensive experience with personal injury actions, complex tort actions, product liability matters, and class actions. Patrick Leverty is rated AV by Martindale Hubbell (the highest rating) and has been granted membership in the Million Dollar Advocate Forum, and Multi-Million Dollar Advocate Forum. Patrick Leverty has been certified as a Personal Injury Specialist by the State Bar of Nevada. [ Attorney Bio ]