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A car crash is a chaotic, stressful event. You’re dealing with the immediate physical and emotional fallout, the police report, and the hassle of getting your car repaired. Then, the phone rings. It’s an insurance adjuster, and they sound friendly, helpful, and eager to resolve your claim quickly.
This is a critical moment. What you say and, more importantly, what you sign in the days and weeks following an accident can dramatically affect your ability to recover the compensation you deserve.
At Bottaro Injury Lawyers, we’ve seen countless Rhode Island and Massachusetts accident victims inadvertently damage their claims because they fell for common insurance traps. Here are the most critical things you need to be wary of before you put your pen to paper or say “yes” to an adjuster’s offer.
The Low-Ball, “Quick Cash” Settlement Offer
The most common trap is the speedy settlement offer. An adjuster may call you just days after the accident—before you’ve even had a chance to get a full medical evaluation—and offer you a small sum of money (perhaps $500 to $2,500) to “close the file.”
The Trap: This money is almost always a fraction of what your claim is truly worth. The adjuster’s goal is to get you to sign a release of all claims. Once you sign this document, your case is permanently closed. You forfeit your right to seek any future compensation—even if a serious injury, like a traumatic brain injury or herniated disc, shows up weeks or months later.
How to Avoid It: Never accept a settlement offer until you have completed your medical treatment and you know the full extent of your injuries and prognosis. Politely decline the offer and state that you are still receiving treatment. Better yet, speak with an experienced car accident attorney first.
Signing a “Blanket” Medical Authorization Form
After a crash, the insurance company will need to review your medical records to verify your injuries. They will send you a document called a Medical Authorization or a HIPAA Release.
The Trap: The forms they send are often overly broad and give the insurer permission to access all of your medical history, not just the records related to the accident. They aren’t looking for proof of your injury; they are looking for anything they can use to argue that your current pain is due to a pre-existing condition, a prior accident, or anything other than the crash they cover.
How to Avoid It: You should only sign a release that is limited in scope—meaning it only grants access to records from the date of the accident and specific providers related to the accident. We strongly recommend not signing any medical release from an adverse insurance company without having an attorney review it first.
Agreeing to Give a Recorded Statement
The insurance adjuster will often frame a recorded statement as a required or simple step, saying, “We just need to confirm the basic facts of the accident for our file.”
The Trap: The adjuster is trained to ask open-ended or misleading questions designed to get you to say something that could be used to devalue your claim later on. For example, they might ask, “How are you feeling today?” If you say, “Fine,” they may later use that statement to argue your injuries aren’t severe. Even a small factual error you make in the stress of the moment can be spun as a lack of credibility.
How to Avoid It: You are not legally required to give a recorded statement to the other driver’s insurance company. Simply and politely decline. You can say, “I’m not comfortable giving a recorded statement at this time,” or, if you have retained legal counsel, “Please direct all future communication to my attorney.”
Authorizing a Repair Shop or Signing a Power of Attorney for Vehicle Repair
If your car is damaged, the insurance company will want to move quickly on the property damage claim. They may pressure you to use a specific repair shop or ask you to sign a Power of Attorney (POA) for the repair process.
The Trap: While a POA for repair may seem convenient, it can sometimes give the insurer more power than you realize over the repair process, or the estimate could be low-balled to the point that the shop uses sub-par parts. Moreover, focusing on the property damage too quickly can distract you from the more critical bodily injury claim.
How to Avoid It: Remember that you have the right to choose your own repair shop. Before signing a POA or authorizing any repair, ensure the entire cost of the repair is covered and that you are satisfied with the quality of the estimate and the shop itself. Crucially, recognize that settling the property damage claim is a separate process from the injury claim and does not require you to sign away your rights to pursue compensation for your injuries.
Your Best Defense is Legal Representation
In the wake of a car crash, the insurance company’s interests are the opposite of yours. Their primary goal is to pay as little as possible!
Your best and safest course of action to avoid these traps is to have an experienced legal advocate in your corner. At Bottaro Injury Lawers, we step in immediately to handle all communication with the insurance companies. We ensure you never sign a document that compromises your rights and that you are never pressured into a settlement before you are ready.
If you or a loved one has been injured in a car accident in Rhode Island or Massachusetts, don’t sign a single document or agree to a single phone call with the adjuster until you talk to us. The consultation is free, and it could be the difference between a small check and the full, fair compensation you deserve.
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At Bottaro Injury Lawyers, we care for people. Attorney Mike Bottaro and his award-winning legal team handle all types of personal injury cases throughout Rhode Island and Massachusetts. We can even help on cases in other states as well. We pride ourselves on our honesty, integrity, and results. Contact us 24/7 in any method you prefer for a fast, free, and confidential consultation about your case. Text or call us at 401-777-7777 or fill out our free and confidential online form. We are here to serve and help you!