If you have been injured in an accident in Maryland that wasn’t your fault, you should anticipate getting a call from an insurance adjuster within days, if not hours, following the collision. However, it’s important to understand that what you say in that conversation can significantly affect the outcome of your claim, as Maryland applies the contributory negligence standard. As such, even small misstatements can jeopardize your claim. Being mindful of common pitfalls can help protect your rights and ensure a smoother claims process. Please continue reading as we explore what you should know about these matters and why it’s crucial to connect with our dedicated Prince George’s County Personal Injury Lawyers.

Understanding Maryland Insurance Adjusters

When you are contacted by an insurance adjuster following an accident in Prince George’s County or anywhere in Maryland, you may be surprised by how polite and friendly they seem. However, it’s important to understand that they work for the insurance company of the negligent driver responsible for your accident and subsequent injuries. As such, their job is to limit claims to protect the financial interests of the company they work for. These individuals are trained to collect information to reduce or deny the compensation you are owed.

Unfortunately, even casual or seemingly harmless statements can be used against you to challenge your credibility, the severity of your injuries, and even liability for the collision.

What an Insurance Adjuster Is Trained to Do

  • Review police reports, medical records, and repair estimates
  • Examine statements for inconsistencies
  • Ask leading questions designed to prompt specific answers
  • Evaluate whether or not shared fault applies

Why Your Words Matter More in Maryland

As mentioned, Maryland is one of the few states that adheres to the contributory negligence statute for personal injury cases. This means that if you are found to be even 1% liable for the damages you’ve suffered, you will likely be barred from recovering compensation for the damages you have incurred. As such, insurance companies will actively look for statements that suggest partial liability.

How Contributory Negligence Impacts Claims

  • Contributory negligence is one of the strictest fault standards
  • Admissions like “I didn’t see them,” or “I might have been speeding,” can be held against you
  • Adjusters may ask leading questions to create shared liability

Maryland Legal Reality

Maryland adheres to the pure contributory negligence statute, meaning injury victims are unable to recover compensation in the event they are found to have contributed to the accident in any capacity. As such, insurance companies will look for statements they can use to shift even a small percentage of blame onto you, ultimately rendering your claim unenforceable.

Common Tactics Used By Insurance Adjusters

As mentioned, insurance adjusters are highly trained to protect the financial interests of their employer. As such, they design questions and utilize tactics in the hopes of reducing the value of your claim or casting doubt on the severity of your injuries.

Tactics You May Encounter

  • Asking how you are feeling in the hopes you say you feel fine
  • Requesting a recorded statement before the true severity of injuries are known
  • Pressuring you into a quick settlement
  • Suggesting your injuries are minor based on the damage to your vehicle
  • Rephrasing answers in a way that sounds like an admission of fault

What Should I NOT Say to an Insurance Adjuster After an Accident?

If you are contacted by an insurance company for the negligent party following your accident, understanding what to avoid when speaking with the adjuster is critical to protecting the outcome of your Prince George’s County accident claim.

Do Not Admit Fault

  • Avoid phrases like:
    • “I’m sorry”
    • “I didn’t see them coming”
    • “I think I was a little over the speed limit”
  • These statements can be twisted to prove partial fault
  • Even being polite can be used to show liability

Do Not Minimize Your Injuries

  • Do not say:
    • “I’m fine”
    • “I’m just a little achey”
    • “I don’t think I need a doctor”
  • Some injuries can take hours or days to appear
  • Downplaying your injuries can be used to argue that you were not injured
  • You also should not sign any medical authorization forms without first consulting an attorney

Do Not Speculate About What Happened

  • Avoid any speculative phrases like “I think” or “I’m not sure, but”
  • Guessing can result in inconsistencies that can be used as evidence
  • If you are unsure, simply say “I don’t know”

Do Not Agree to Recorded Statements

  • Recorded statements can be replayed and carefully examined to create evidence
  • Gaps or wording issues can be interpreted as dishonesty
  • You are not legally required to provide a recorded statement to the other driver’s insurance company

Do Not Accept the First Settlement Offer

  • Insurance companies often extend dramatically low settlements in the hopes that injury victims are eager for compensation
  • An early settlement can prevent recovery of future incurred expenses
  • The true value of your claim may not be known
  • Once accepted, settlements are generally final

Do I Have to Speak to the Other Driver’s Insurance Company?

You have no legal obligation to communicate with the insurance company of the other driver. While you have a legal and contractual duty to inform your own insurance company of accidents you are involved in, you are not legally required to speak with the other driver’s insurance company. In fact, it is generally in your best interest to politely decline speaking with the insurer if you are contacted after an accident.

What Maryland Drivers Are Required to Do After a Collision

  • Stop at the scene of the accident (leaving can be considered a hit-and-run, which is a criminal offense)
  • Exchange insurance and contact information with all drivers involved
  • Provide information to responding officers so they may create a report

What to Say If Contacted by the Other Driver’s Insurance

  • Provide only your name, contact information, and the time/date/location of the collision
  • Inform the adjuster that you are not comfortable speculating about fault or injuries
  • Refer all further questions to your attorney

Contact an Experienced Personal Injury Attorney in Maryland

If you are injured in Prince George’s County or anywhere across Maryland, it is in your best interest to immediately connect with a dedicated attorney with Timian & Fawcett. Our firm understands how complicated navigating the aftermath of a collision can be, especially when the contributory negligence statute applies. That is why our firm can represent you to help ensure insurance companies cannot take advantage of you. Contact us today to learn how we can represent you.