Talking with Insurance Professionals
After an incident occurs implicating a policy of insurance, such as a car collision or other accident, individuals may be contacted by insurance professionals. People who work for an insurance company need to collect information in order to properly adjust a claim, and in some instances, speaking with insurance professionals can help you receive money or coverage from an insurance company. However, individuals need to be careful when talking with insurance professionals, and preferably, people and companies should have their counsel interact with insurance companies. Nevertheless, if you need to speak to insurance professionals following an incident, you should keep a few strategies in mind.
Be Careful with Statements
Perhaps the most important thing to keep in mind when talking with insurance professionals is to be careful with statements you make to insurance companies. Following an incident, a professional at the insurance company will likely call you in order to collect information related to a claim. In certain instances, the insurance professional may record the conversation so that it can be used at a later time.
When making statements to insurance companies, it is important to be truthful. There can be serious civil and criminal penalties if an individual makes false statements to an insurance company, and people should be careful not to make intentionally or inadvertently false statements to an insurance company. Moreover, an individual should be absolutely sure about what they are discussing on the phone. If facts later turn out to be less than truthful, this can be used to impugn the credibility of the person making the statement.
At certain times, insurance professionals may ask you for information that might make you responsible for a certain incident. In such instances, an individual should definitely speak to counsel before communicating to the profession and remain silent about the subject matter until they have had a chance to seek further guidance. This will help you ensure that you preserve all of your options and do not back yourself into a corner when speaking to insurance professionals.
Be Careful with Materials
Another critical thing to keep in mind when talking with insurance professionals is to be careful with materials you provide to insurance professionals. Insurance companies often ask that you provide photographs and video that relate to an incident so that insurance professionals can properly adjust the claim. Moreover, insurance companies may ask that individuals complete forms with information and return the document to the insurance company.
If there is litigation related to an incident, documents that are relevant to a claim will likely need to be exchanged during the lawsuit. However, not all claims subject to insurance are litigated, and individuals should be careful about the materials that they provide to insurance professional so that such materials do not harm the individual at a later time. Moreover, individuals should be especially cautious when they provide materials to another party’s insurance carrier, and if there are any questions about what an individual should provide, counsel should be consulted.
Be Careful Even with Your Own Insurer
When talking with insurance professionals, individuals may think they are safe when discussing matters with their own insurer. Indeed, an insurer and its insured may have similar interests in that both wish to minimize liability and pay the least amount of money possible. However, an insurance company may wish to avoid covering an insured. Insurance policies often include exclusions, and insurance companies may wish to build a case that a given situation falls under one of the exclusions in a policy.
As such, individuals need to be careful with information that may be relevant to whether an exclusion under the policy applies. Such questions may include whether an activity was performed during work or for personal reasons, whether certain safety precautions were used while performing an activity, and other matters. An experienced lawyer should know if insurance professionals are trying to build a case that an exclusion applies and how to best deal with this situation.
Family and Friends
Another thing that is important to realize when talking with insurance professionals is that insurance companies may wish to talk with other people other than the insured. Indeed, insurance professionals may request information from family and friends. Sometimes, this is because such individuals are witnesses to the incident that is involved in an insurance claim. Other times, friends and family may have information about the nature and extent of injuries that may have been suffered as a result of an incident that is the subject of an insurance claim. It is important to tell friends and family that they should follow some of the same advice that was related above. Namely, family and friends who provide information to insurance professionals should make sure to provide accurate information, and should understand that the insurance company’s interests may not be aligned with the insured. In this way, an insured can ensure that there is a good change that accurate and helpful information will be provided to insurance professionals.
The Rothman Law Firm has extensive experience talking with insurance professionals and handling litigation that involves insurance companies. If you are looking for an experienced New York and New Jersey attorney to handle communications with an insurance company or another legal issue, please feel free to contact The Rothman Law Firm to request a free consultation.