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How To Talk To The Defendant’s Insurance Company


In our tenure fighting for the rights of Southwest Florida personal injury victims, we have seen all the dirty tricks of the insurance companies. We often warn our clients to take extra care when speaking to any insurance company. That is because insurance companies are in the business of making money, they are not in the business of protecting people. So they will often take what is said and provided twist it and use it against you. Thus one of the most common questions we get asked is how to talk to the defendant’s insurance company. In this article, we talk about how to speak with insurance companies to ensure that your rights are fully protected.

What Should I Say To My Insurance Company?

When you buy an insurance policy, you are treated like a long time friend. However, when you file a claim, you will quickly see that your insurance provider is not in fact your friend. Unfortunately, after an accident you are required to speak to your insurance company.

However, all you were legally obligated to do is report the accident. We always recommend when reporting the accident you stick to very straightforward facts. For example, you will tell them you were in an accident, where the accident occurred, and who else was involved in the accident. They will ask a series of follow-up questions, but you’re not obligated to answer those questions at the time. Instead, we always recommend telling them you will provide more details later.

During that time, you should secure the services of a personal injury attorney. Once you’ve hired a personal injury attorney, they will handle all communications with the insurance companies so you do not have to worry about saying something they will use against you later.

What Should I Say To The Defendant’s Insurance Company?

After the accident, you will be contacted by the defendant’s insurance company. They will be looking to ask you questions and to have you make a statement. They will also demand that your statement be recorded. Never let them record a conversation with you. Their only intent is to record you saying something that can harm you later.

Many people do not know this, but in fact, you are under no legal obligation to speak to the defendant’s insurance company. So when they call, tell them that you are not comfortable making a statement. That way they can not use your words against you. Instead, have them speak to your attorney.

Do I Have To Provide Anything To The Defendant’s Insurance Company?

You are not under any obligation to provide the defendant’s insurance company with anything. However, when you reach the discovery phase of your claim, you will have to share evidence and testimony with the defendant’s attorney. On the flip side they also have to present their evidence and testimony. During this period, your respective attorneys will review all of the evidence to determine their case strategy going forward.

In short, what you should say to the defendant’s insurance company is nothing. You are under no legal obligation to do so. Further, it is best to have all communication with insurance companies handled by your attorney. Your attorney understands the tricks and traps that insurance companies use to get out of paying full and fair compensation for damages. To learn more, call the team at Justice Pays. Once you hire our team, you will not have to deal with the insurance companies going forward.

Stephen M. Fernandez developed a strong belief in justice and fairness in public policy while earning his Political Science degree prior to attending law school. Since joining the Florida Bar Association in 2004, Stephen Fernandez has combined his background in public policy, business administration and civil law to serve as a highly effective trial lawyer fighting for Florida's injured, working hard every day to make sure his clients get what they are owed.

How To Talk To The Defendant’s Insurance Company

Goldman Babboni Fernandez
Murphy & Walsh




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