You’re giving a recorded statement to an insurance company and you think this is just a friendly, relaxing call. Do not pour yourself a drink and do not let these words leave your mouth.
1- “I Feel Fine Today!” 😊
No. No, actually you don’t. Never, ever say you’re okay even if you think you are that day. Pain fluctuates, and this is the line insurance adjusters will quote while denying your claim.
2- “I’ve Had Back Problems Before…” 👨🏼🦳
Pre-existing conditions? Don’t admit them unless you’ve retained a lawyer and he tells you to do so. You’ll be blamed for every ache and pain, no matter how unrelated.
3- “I Think It Was My Fault…” 🚫
Do not assign blame to yourself, wholly or partially. Even a casual, “I guess I could have been more careful” will haunt you.
4- “Maybe I Wasn’t Watching Where I Was Going.” 👀
The word “maybe” is a weapon for the other side. If you’re unsure, just say you don’t recall. Don’t give them ammunition.
5- “I Didn’t Go to the Doctor Right Away.” 🏥
A delay in treatment means, “You must not have been hurt that badly.” Always emphasize when you first noticed symptoms, not when you first went in.
6- “I Wasn’t Really Paying Attention…” 😬
Do not ever admit being distracted, daydreaming, or looking at your phone, even if it’s true. That’s an insurance jackpot, and your settlement just walked out the door.
7- “I Take Medication for That Sometimes.” 💊
Mentioning prescription medications (painkillers, antidepressants, sleep aids) opens you up to “they were impaired” arguments. And most importantly it isn’t any of their business; save that information for your attorney and doctors.
8- “I Was in a Hurry.” ⏰
Being “in a rush” sounds like you contributed to your own injury. You weren’t rushing, you were simply living your life.
9- “I Talked to a Lawyer, But…” 📚
Until that letter of representation is sent out, do not volunteer that you’ve already spoken to or hired an attorney, and definitely do not share what your attorney told you! Attorney-client privilege exists for a reason. Keep it simple.
10- “I Think I Can Go Back to Work Soon.” 🥴
Trying to be a strong person will backfire on you. Speculation kills cases. Never guess about your ability to work, drive, or function. Never minimize your injuries. Let your doctors say when you’re cleared, not your hopeful self.
Pro Tip:
If you’re not 100% sure if you should answer, just say, “I’m not comfortable answering that without my attorney.” Sometimes the best response is no response.