In almost all cases an adjuster or investigator from the negligent driver’s insurance company will contact you shortly after the collision. The adjuster will want to obtain a statement from you and, if possible, record your statement of how the collision occurred. Never give a recorded statement. You have no legal obligation to give a detailed statement. It is sufficient to give a brief explanation (e.g. – “your insured ran the stop sign and hit me”). The reason the adjuster wants to get a statement from you is to see whether there is any blame that can be placed on you for either causing or contributing to cause the collision. Because both Kansas and Missouri has comparative negligence, any settlement or verdict will be reduced by the amount of your fault that contributed to cause the collision. When you give a detailed statement without the benefit of your lawyer being present you risk inadvertently saying something that could hurt your claim later. It is always best to contact an experienced personal injury lawyer before you have any contact with the negligent driver’s insurance adjuster
The insurance adjuster may also ask about your injuries. I suggest that you decline to answer the questions. Injuries and physical conditions change over time. Many times you will get better but sometimes your injury gets worse and your condition deteriorates. The sole purpose in getting information from you is to try and minimize the amount of compensation they will have to pay you.
If you have been injured in an auto accident and want more information about making a personal injury claim, you can request a copy of Mike’s book, “The Kansas & Missouri Auto Accident Victim’s Guidebook” by clicking here or you can call Mike at 913-789-7477 for a free consultation regarding your claim.