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I have been injured in a car or truck accident and I am now receiving calls or letters from the insurance company of the person who caused the accident. What should I do?

A: This question is always difficult to answer.  Some injured people (especially those with less severe injuries) attempt to negotiate a settlement of their case on their own; other injured people immediately seek the assistance of an attorney.  Either approach is permissible, and there is no definitive answer as to which approach is best. 

If you decide that you want to handle a claim on your own without the assistance of counsel, then you will obviously need to speak to the representative of the insurance company.  Should you do so, realize that the representative from the insurance company of the other side does NOT represent YOUR interests.  The representative is usually seeking to learn information about how the accident happened and what injuries you sustained in an effort to DEFEND the case AGAINST you.  You should also realize that the conversation you have with this representative is most likely being recorded.

If you decide that you want an attorney to handle the case for you, or if you are uncertain about which approach you will take, then you should not speak to the representative of the insurance company for the other side.  The key point here is that you are NOT required to speak to the representative of the insurance company for the other side.  You can always say that you are not comfortable in doing so.

Finally, you should realize that if you ultimately do seek the assistance of an attorney, the attorney will almost always prefer if you had not spoken to the representative of the insurance company for the other side.  Why?  Because the attorney wants to control the information given to the other side in an effort to ensure that the information given is accurate, complete, and without inconsistencies.

Medical Negligence: Your Rights in the District of Columbia

Do I Have A Case? A Patient's Guide to Virginia Medical Negligence Law

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