Why should you avoid talking to the other driver’s insurance company without having your lawyer present during the call?
First, insurance companies always record these calls – in fact, the call itself will most likely be described as a “recorded statement.” Anything you say during this call can be used against you later. Since you do not know what questions will be asked, you may find yourself in a situation where you might be asked to draw a legal conclusion or to offer a medical opinion.
Your lawyer, however, can assist you by objecting to improper questions during a recorded statement. The insurance adjuster moderating the call may not agree with your lawyer’s objection but you will not be put in an awkward or intimidating position.
Second, because your dealings with the other driver’s insurance company are, by definition, adversarial, nothing positive can come from direct communications at this point. The insurance company has one goal in its dealings with you – to make you go away for as little money as possible.
Assuming your idea of a fair resolution for your injury claim is something more than zero dollars, casual conversation can only hurt you. As the injured party, you see your case as something more than business. Insurance companies study the psychology of negotiations and they know that your emotional investment in the outcome of your case can be used against you.
Your lawyer will not have an emotional involvement in your case and thus can focus solely on financial issues – which is the only currency applicable in an injury claim.