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01. Personal Statement

When contacted by the claims representative from the other motorist’s insurance company, they will most likely ask you to consent to give a recorded statement. You should politely decline and end the call. Why? Because insurance companies routinely try to use that statement to find ways to deny your claim and offer you less than you are owed for your pain and suffering.

It is in your best interest to notify your own insurance company (this is a legal requirement in most states). However, you are not obligated to reveal any information about your physical injuries. Hence, you should stick to only the basic facts and avoid providing any information about your injuries. This is important, particularly in the immediate aftermath of a car accident, since you still need to get a clear picture of the damages you suffered as a result of the collision. Getting this clear picture can often take several weeks or months after an accident while you are engaged in physical therapy and/or have to undergo surgery.

Other Mitigating Factors

02. Social Media

Everything you do and say publicly, particularly what your post on social media, could potentially be used against you by the insurance company in an effort to call into question the extent of your injuries or your motives for taking legal action. Even a relatively innocent Facebook or Instagram post of you for example enjoying dinner or spending time with friends could be used against you to claim that you were not “really injured” or your injuries “were not serious.” This is why you should refrain from posting anything on social media whilst your injury claim is being litigated.

03. Delay In Taking Action

Another way insurance companies try to avoid liability is by raising a “statute of limitations” defense. Basically, there are specific time limitations within which an individual must take action in order to protect their legal rights. In California, you only have two years (commencing from the date of the auto accident) to file a personal injury lawsuit. If you wait longer than two years to file suit, your case could be thrown out of court and you could be prohibited from pursuing financial restitution for your injuries. Do not make this mistake. If you suffered serious injuries caused by an auto accident, take swift action and speak to an experienced, reputable car accident attorney in California, today.

If you or a loved one has been badly injured in a preventable car accident, do not get taken advantage of by an insurance claims adjuster or a defense attorney. Take action and contact Kash Legal today at 888.527.4128 to schedule a free, confidential case evaluation. Our personal injury law firm is comprised of respected and knowledgeable professionals who know how to finalize successful outcomes.

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