In Case of Accident - Insurance Adjuster Requests Statement? Tell Him, "Heck No!"

A potential client called me in panic mode - his car had just been destroyed by another driver's car, driven at high speed. The new client's wife and two small children were in the car at the time. Everyone was at the hospital emergency room. An insurance adjuster for the other driver's insurance company called him for a statement. "What should I say?" He was beside himself. He said he feared the adjuster would trap him or twist his words. He was mad as heck at the other driver, and afraid for his family's well-being.

I tried some soothing words, and then told him, "Refuse to give a statement to the insurance adjuster! You have no obligation to talk to an adjuster. When he shows up, take command of the situation, and tell him you refuse to give a statement. You are under no obligation to speak to him. And be sure you do not give him any information about the injuries sustained by you or your family members. Don't be cajoled by the adjuster. He should leave you alone after you refuse. If he doesn't leave you alone then report his unethical conduct to the Florida Division of Financial Services."

He was immediately calmed, and spoke to me in a level tone. "You mean it is that simple?"

I explained to him that Florida has no requirement for an injured person to give a statement to a third party insurance carrier whose insured have been negligent and responsible for damages in a car crash.

This is not to be confused with your OWN policy provision that requires you to give a statement to YOUR insurance adjuster when you make a claim against YOUR OWN POLICY for benefits (Personal Injury Protection or Uninsured/Underinsured Motorist coverage). You are definitely required by the terms of your policy to give a statement when claiming benefits from your insurance. Failure to live up to your contractual duty will result in your company denying coverage for cause.

I wish you safe driving.

Chad Motes, your Florida auto accident attorney
8660 College Parkway, Suite 60
Fort Myers, Florida 33919
239-936-3388
For more information and a free consultation on your Florida auto accident or personal injury case, contact Chad Motes, at chad@chadmotes.com, or go visit http://www.autoaccidenthotline.com, or http://www.chadmotes.com. The consultation is free. If you retain me to represent you on a contingency basis, you pay no attorney fees or costs unless you receive compensation.