QUESTION
What questions am I required to answer to an insurance company?
Asked on Jun 29th, 2013 on Personal Injury - Florida
More details to this question:
I received a phone call 6/28/13 from the insurance company regarding a fall I had on April 2, 2013, outside a business. I have an appointment on Monday July 1, 2013 with an Orthopidic Dr. My reason for not going sooner is the same old story (I was hoping that my discomforts would go away but they have only worsened. The appointment was made 2 weeks ago and I called for insurance info soon after and again a few days ago. On Monday July 1, 2013, a person from the above insurance company wants to do a recorded phone interview about the fall and asked if I was going to pursue damages for pain, suffering and future treatment. I told her at the time that I had no idea what I was going to do that I needed to see what was going on with my body. There was a report made at the time, but not sent in to the insurance company, until I called to inform the store manager that I needed to have insurance info. He was very obliging and said he was glad that I was going to go get checked out. At the time of the fall, Paramedics were called and discussed taking me into the emergency room, but I declined because I didn't think anything was broken, but by falling on all fours I was in severe pain in my hands, shoulders, especially the knees and hips (sore, hurt pain) I laid approximately 1/2 hour on a freezing cold sidewalk where I had tripped on a sudden drop in the sidewalk where there was a handicap ramp, which has now been marked.
12 ANSWERS
Thomas Edward Gates
They will ask about the events before the accident, the accident itself, and what happened immediately after you fell. They will likely ask about your injuries and medical treatment you have had. By not immediately going to the emergency room, you lost a big verification of the fall and where you hurt. Trip and falls are common, but they are no worth much.
Answered on Jul 02nd, 2013 at 5:09 PM
Civil Litigation Attorney serving Van Nuys, CA
at
Law Offices of Alexander Edward Gilburg
Update Your Profile
I suggest consulting with an attorney before scheduling or doing any statements with the insurance company.
Answered on Jul 02nd, 2013 at 12:51 PM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
You are not required to answer any questions. However, eventually, if you hope to obtain a settlement, you will have to share information such as how you says the accident occurred, whether you know of witnesses to the accident, a description of medical treatment you have received, the cost, and haw you injury has affected you and how you expect it to affect you in the future. The reason they want to know now if you intend to seek damages for pain and suffering is because they must set their reserves (money that they do not invest to cover potential claims) for this claim. It helps to know a little about the claim for them to set their reserves.
Answered on Jul 02nd, 2013 at 12:24 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
You are not handling the matter very well. what is a sudden drop at the handicap ramp. You are supposed to pay attention and if there is a difference in grade because of the ramp you are supposed to see it. now, with that said, if there is any negligence and you have not said there is any, and if you were not negligent in any way (not looking for example) you might have a claim. But your treatment needs to be soon and be connected. Waiting for weeks to seek care suggests you weren't really hurt to start with or you were hurt some other way. If you make a claim for injuries your health is an open book.
Answered on Jul 02nd, 2013 at 12:24 PM
You have no legal obligation to tell them anything but the less you tell them the less likely they will pay for anything. The normal process is not to pay for anything until the case is totally resolved so you need to check if they will pay for any of the medical exams or treatment before then. Most plaintiff's attorneys tell their clients to say nothing to the insurance company and not agree to it being taped if there is any oral statement given.
Answered on Jul 02nd, 2013 at 9:54 AM
Business & Commercial Litigation and Negotiation Attorney serving Columbus, OH
at
Robol Law Office LPA
Update Your Profile
You have no obligation to answer the insurance company's questions, provided you do not have a contract with the company. Insurance companies will frequently try to get statements from victims of torts (for example, slip and fall cases) to be used against the victims later in litigation. Some insurance companies may even try to make the victims think that they are obliged to speak with them. Victims are almost always better off speaking with their counsel about whether or not to give statements to insurance companies.
Answered on Jul 02nd, 2013 at 9:35 AM
Ronald A. Steinberg
Well, I suggest that you consult with an attorney before you speak to the insurance adjuster. Once you open your mouth, you are likely to cause damage to your case, and at this point, you do not even know if you have a valid case. After you have spoken to an expert, if the lawyer agrees that it is a valid case, the lawyer can help you deal with the adjuster, You cannot "un-ring" a bell.
Answered on Jul 02nd, 2013 at 9:33 AM
James Eugene Hasser
None. You have no obligation to talk to them. You might try telling them you are thinking about getting a lawyer but need to find out what's wrong first.
Answered on Jul 02nd, 2013 at 9:28 AM
You're not required to answer any questions.
Answered on Jul 02nd, 2013 at 9:20 AM
Personal Injury Attorney serving Great Neck, NY
at
Goldman & Maurer, LLP
Update Your Profile
First, you are NOT required to speak with the insurance company that is representing the interests of the business in front of which you had the fall. Second, I would NOT speak with them unless and until you have received medical treatment because if your injuries turn out to be merely bumps and bruises and you are not going to commence any suit, then speaking with the insurance carrier is fine. However, if your injuries are more serious and may be more involved then you first thought, I would first retain an attorney and then have the attorney speak with the insurance carrier on your behalf. Recorded statements NEVER help a potential plaintiff in a case.
Answered on Jul 02nd, 2013 at 9:17 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
You are not "required" to answer anything. On the other hand, they can ask anything they want. The bottom line is, they will use those questions and answers to make a decision as to whether to pay you anything, and if so, how much. You never know how a claims adjuster is going to handle the interview, whether that person is skilled, inexperienced, well-trained, argumentative, it could go well or badly. This is why you need to retain a lawyer, who can personally guide you through the process.
Answered on Jul 02nd, 2013 at 9:13 AM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
You have no duty to cooperate with an insurance adjuster who works for the insurance company which insures the place where you had your fall. Do not give them a recorded statement. It would be best if you hired a good personal injury attorney to represent you, and not necessarily one who advertises on TV. You obviously have a computer and the ability to use it, so do a Google search for personal injury attorneys in your geographic area. One of the qualities you want to look for in a personal injury attorney is that he or she is board certified. That means that he or she has tried a minimum of 15 cases to verdict by way of jury trials, and knows what he or she is doing. If you go with an advertising attorney, chances are you'll end up having your case handled by a "case manager" and not an attorney, and that will not always give you the best result. Do your homework on the internet first, or ask any of your friends who have had personal injury cases for a good recommendation.
Answered on Jul 02nd, 2013 at 9:09 AM