When You Need to Say “No” to Protect Your Claim

This happens far too often after car accidents and other incidents that cause injuries. You’ve just gotten home from the hospital, and all you want to do is sleep to forget your pain, worry, and trauma. You’re nervous, you’re scared, you’re angry, you’re confused—and right now you don’t want to think about any of it.

But the insurance company calls. And they act friendly and say they want to help. They promise to pay you money so you don’t have to worry about bills. To get this help, all you have to do is….

Just say “no.”

There may be a time when you will say “yes,” and it will all be over. But this is not that time. There are too many unknowns, and the insurance company is certainly not the one to provide answers at this point. As attorneys who work with accident victims ALL DAY EVERY DAY®, here’s what we’ve learned about when and why to say “no.”

Should You Give a Recorded Statement? Just Say “No”

Whether you fell in a store, got hit by a truck, or were attacked by a dog, the insurance company is going to ask you to make a statement to share “your side of the story.” It seems like a simple request, and it might appear that you have something to hide if you refuse. But the request is not simple, and should just say “no” or “not at this time.” If you want to explain, you can say that you are not comfortable giving a recorded statement until you have consulted your lawyer.

Why should you say no to this request? To begin with, you’re not required to talk to the other party’s insurance company at all, ever. Then you need to consider the purpose of the request. The insurance company wants a recorded statement they can analyze for weaknesses. They will try to use your words to prove that you are admitting fault or that your injuries are not at all serious. They will attempt to lock you into a formal opinion about your medical condition before doctors even understand the extent of your injuries. To avoid any accusations of inconsistency later, it is safest to say nothing now.

Should You Sign a Medical Release? Just Say “No”

You want the insurance company to pay your medical bills, so if they ask for permission to access medical records, it might seem like a reasonable request. But you should not sign a release unless it has been reviewed carefully by your attorney. Or, better yet, let the insurance company ask for the specific records they need, and your attorney can provide them.

If you sign a general release form, the insurance company can access all of your medical history. Then they will scrutinize every detail from your past and use those details to claim that your old injuries are causing your current problems.

Should You Accept the First Settlement Offer? Just say No”

No one wants to deal with a lawsuit when they’re trying to heal and restart life after the trauma of an injury. If the insurance company offers you money right away, you might figure that it’s a great way to reduce stress and simplify your life. You would assume you wouldn’t have to worry about medical bills.

But that would be a very dangerous assumption. Soon after your injury, you don’t know the full range of medical care that you’ll need or how your injuries will impact your ability to work and enjoy life. What if your motorcycle accident leaves you with vertigo that prevents you from riding a bike or motorcycle in the future?

If you wait until the effects of your injuries are better understood, your attorney can seek full compensation for all of your losses. In addition to medical costs and reduced earnings, you may receive damages to offset your emotional anguish, physical pain, and the impact on your abilities and quality of life. On the other hand, if you accept the first settlement offer, you might not even have enough to pay all your medical bills. And you cannot ask for more later. Your right to recovery is at an end once you accept a settlement.

Should You Keep Your Friends Updated on Social Media? Unfortunately, The Answer is Still “No”

Your friends and family want to know how your recovery is going, and it’s difficult to keep everyone updated individually. It might make more sense to post regular updates on social media. But unfortunately, even something as innocent as that can cause real problems with the insurance company.

Investigators from the insurance company—aided by artificial intelligence—will be monitoring your social media accounts to look for anything they may be able to use against you. They can take words out of context or misrepresent pictures to downplay your injuries. A photo of you smiling at a restaurant can be “evidence” that you’re not hurt. Positive news from the doctor can be used to argue that you aren’t experiencing long-term residual effects of the injuries. It is best not to say anything about your health or the accident online until after the case is over.

Saying “No” is Hard, but We Can Do it For You

It is hard to say “no” to requests that seem reasonable, especially if they are made by someone who is acting nice to you. So, you can let us do it for you.

We know that the friendly demeanor hides a cruel agenda, so we have no problem denying the insurance company’s requests until the time is right. When you allow the team at Michael M. Day Law Firm to protect your rights and seek maximum compensation for your losses, we can handle communications with the insurance company so you can focus on getting better.

We provide advice and support throughout the process and explain the value of your claim so that you can decide when you’re ready to accept a settlement offer. To learn more about how the process works and what your case may be worth, contact us today to schedule a free case evaluation.