In most cases, talking to the insurance adjuster for the responsible party is not in your best interests. No matter how nice the insurance adjuster seems to be, they are not your advocate.
Remember, insurance companies make money by collecting and investing insurance premiums, not by paying out settlements! Therefore, it is generally in their best interests to reduce the amounts paid to injured people like you.
Of course, you can talk to your own insurance adjuster from your own insurance company. They are generally there to help you, and they owe you a fiduciary duty and a measure of loyalty because you are their customer. Your premiums pay their salaries. You can usually talk to your own company without much concern.
However, be careful what you say to any insurance company. For example, if you tell your insurance company that you are "fine" and later find out the other party did not have insurance, you might need to approach your own company pursuant to potential Uninsured Motorist (UM) coverage. However, if you told your company you were not hurt, your UM claims won't go very far.
The best thing to do is to contact an experienced lawyer who can really explain to you what to expect. It certainly can't hurt since most personal injury lawyers offer a free consultation.
From my insurance-defense years
In more than 30 years of practice, on both sides, I have never seen a recorded statement benefit a plaintiff. In my opinion, the insurer uses it for two reasons: to keep what you say for use against you later, and to gauge how articulate you are and what kind of adversary you will be. Other people at the company may listen to it too. If you are asked how you feel, you can say: “I'm not really sure how I feel. I am sore and I am in pain, but I don't know the full nature and extent of my injuries yet. Can we please talk about my property damage or renting a car?”
More on Recorded Statements and Meetings
- Why does the insurance adjuster want to meet with me?
- Be Careful What You Say to Others About Your Personal Injury Case
- If the Insurance Adjuster Wants to Meet You for Coffee, Run the Other Way!
- Regarding Speaking to the Other Party's Insurance Company After an Accident
- Giving Statements to the Other Party's Insurance Company
- Yelling at Insurance Adjusters
