Key points
- You generally do not have to give the other driver's insurer a recorded statement.
- Your own policy may require you to cooperate with your own insurer. A lawyer can help you do that without hurting your claim.
- A free consultation before the first statement costs you nothing and can protect a great deal.
The adjuster's job
Insurance adjusters are often friendly and professional. They also work for the insurance company, and their job is to resolve the claim for as little as the law allows. That is not a criticism. It is simply how the system works, and it is why you should have someone working only for you.
What happens in those early calls
In the first days after a crash, an insurer may ask you to:
- Give a recorded statement about how the crash happened and how you feel.
- Sign a broad medical authorization that reaches years of unrelated records.
- Accept a quick check and sign a release.
Each of these can hurt you. A recorded statement given while you are sore, medicated or still in shock may be used later to argue that you were not really hurt or that the crash was partly your fault. A broad authorization lets the insurer search your history for something to blame. A release usually ends your claim for good, even if you later learn you need surgery.
Your insurer and the other driver's insurer
Your own insurance policy is a contract, and it may require you to report the crash promptly and cooperate with your own insurer. The other driver's insurer has no contract with you. You generally do not owe it a recorded statement. We help clients meet the duties they do have, to their own insurer, while protecting their claim.
Montana rules for insurers
Montana law sets standards for how insurers handle claims. Among other things, an insurer may not neglect to attempt in good faith to settle promptly when liability is reasonably clear, and it must promptly explain the basis for denying a claim or making a compromise offer. A claimant who is harmed by certain violations may have a separate claim against the insurer, but that claim generally cannot be filed until the underlying injury claim is settled or decided. Knowing these rules, and documenting the claim from the start, is part of what a lawyer does.
What a lawyer does in the first days
- Notifies the insurers that you are represented, so calls come to us instead of you.
- Helps preserve evidence, such as photos, vehicle data, video and witness names.
- Helps set up the property damage and rental car claim.
- Pursues payment of medical bills as they come in when liability is reasonably clear.
- Keeps you from signing anything you do not fully understand.
If an adjuster calls before you have talked to us
It is fine to say: "I am not ready to give a statement. Please send me your name, claim number and contact information in writing, and my lawyer will be in touch." Then call us.