After twenty years of injury cases, I can tell you that some of the biggest damage to a claim doesn’t happen at the crash scene. It happens in the words spoken afterward. Insurance companies build their case from your own statements, and they start collecting them within hours. Here’s what not to say — and what to say instead.
Don’t Apologize at the Scene
“I’m sorry” is a natural human reaction to a frightening event. It is also the first thing the other driver’s insurance company will point to as an admission of fault. Missouri is a pure comparative fault state — your recovery is reduced by your percentage of fault, so every point of blame they can pin on you comes straight out of your pocket. Be helpful, be decent, check on the other driver. But don’t apologize, don’t say you didn’t see them, and don’t speculate about what happened. Give the facts to the police officer and let the investigation do its job.
“I’m Fine” — The Two Most Expensive Words in Injury Law
Adrenaline masks pain. Herniated discs, concussions, and soft tissue injuries routinely take hours or days to announce themselves. If you tell the other driver, the officer, or an adjuster that you’re fine, that statement will follow your claim forever — even after the MRI says otherwise. If you’re asked how you are, the honest answer in the first hours after a wreck is: “I don’t know yet. I’m going to get checked out.” Then actually get checked out, the same day if possible.
Don’t Give the Adjuster a Story to Work With
When the other driver’s insurance company calls, they will ask open-ended questions and let you talk. Every detail you volunteer — your speed, what you were doing, where you were headed, prior aches and pains — gets mined for ways to shrink your claim. You are under no obligation to give them a recorded statement, and you shouldn’t. I’ve written before about whether to talk to the insurance company at all — the short version is: let your lawyer do the talking.
Social Media Counts as a Statement
Insurance defense teams check claimants’ social media. A photo of you smiling at a family barbecue two weeks after the crash becomes “evidence” that your back injury isn’t serious — never mind that you spent the next two days in bed paying for it. Until your case resolves: don’t post about the accident, don’t post about your injuries, and think hard before posting photos of physical activity. Better yet, don’t post at all.
What to Say Instead
To the police: the facts, plainly. To the other driver: only what’s necessary to exchange information. To their insurance company: “Please direct communication to my attorney.” To your own insurer: report the accident promptly, but keep it factual and brief. And to a lawyer: everything — that conversation is confidential, and the earlier it happens, the more of your case we can protect.
The consultation is free, and you pay nothing unless we win. When you’re hurt, call Kurt. (417) 553-4898.