The aftermath of a personal injury is a painful and confusing time. If someone else’s actions caused the injury, you may be left to deal with a challenging legal process to recover the compensation you deserve for your injury-related losses. Most claims are filed against the responsible party’s insurance.
Unfortunately, insurers are not on your side and may intentionally undermine your claim to protect company profits at your expense. Taking recorded statements is a common tactic used against injury victims who have substantial claims. Reach out to an accident lawyer in Chicago for legal help after a car accident.
It’s always a good practice to hire an experienced Chicago personal injury lawyer before speaking with the responsible party’s insurance company after a car accident, slip-and-fall, medical malpractice, or any other injury caused by someone else’s negligence. Insurance companies often use common tactics to undermine, deny, or devalue claims. One of these is to call you on a recorded line.
For instance, the insurance adjuster may call you on a recorded line and ask you how you are feeling since your injury. When you agree to accept a call on a recorded line, you also agree to let the caller use your words in any way that benefits them. A simple, “I’m feeling better, thank you,” can be used out of context as “evidence” that you aren’t as injured as you claim.
Insurance companies assign an adjuster to investigate claims. The insurance adjuster’s job is to minimize their policyholder’s liability or reduce the value of a claim to protect the company’s profits. A common tactic is to ask for a recorded statement of your version of the accident or incident that caused your injury. They often ask leading questions, hoping that you will say something they can use to minimize the claim. A simple, “I never saw him coming” after a car accident can be used as evidence that you weren’t paying attention while you were driving, even if you had the right of way.
Under Illinois 735 ILCS 5/2-1116, the state’s modified comparative negligence system allows an injury victim to recover compensation for their losses even if they contributed to the accident or injury as long as they are less than 50% at fault. If an insurance company assigns you 40% fault for your injury, they can reduce your payout by that percentage. A $100,000 claim becomes a $60,000 payout.
The insurance company has a strong financial incentive to assign fault. One way they do this is by taking recorded statements and using your words out of context against you. If the insurance company assigns you 51% fault for the accident based on something you’ve said on a recorded line, they shift liability to you.
Besides recording phone calls, insurance companies use additional strategies to minimize liability or reduce the amount they have to pay on a claim. For instance, the insurer may reach out quickly after the accident or incident with a settlement offer. These offers are typically low-ball settlements intentionally made before the injury victim knows the full extent of their damages.
Insurance companies are not on your side, even if they sound compassionate on the phone. Instead of leaving your claim in the hands of an insurance company with goals that conflict with yours, hire a personal injury attorney in Chicago to protect your best interests.
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