If you’ve been injured in a car accident or other personal injury incident in New Brunswick, it’s likely that the Defendant’s insurance company will contact you very quickly.
While the conversation may seem informal or helpful, it’s important to remember this: The Defendant’s insurance company’s goal is to minimize what it pays, not to protect your rights. What you say, especially early on, can affect your ability to recover compensation under New Brunswick law.
Below are seven things you should avoid saying to the Defendant’s insurance company after an accident in New Brunswick, along with explanations of why these statements can be harmful to your car accident claim:
1. Admitting Fault
In New Brunswick, fault plays a critical role in determining compensation for personal injury claims. Even a partial admission of fault can reduce or eliminate your ability to recover damages.
Avoid statements that can be construed as accepting fault and apologies. Statements like: “I’m sorry, this was my fault,” or “I should have been paying more attention,” or “I didn’t react quickly enough,” can be used later by the insurance company as part of a defence to liability. Even polite or instinctive comments can later be used as evidence against you.
It is important to consult a lawyer as soon as possible after a car accident to discuss liability. Liability or fault is determined based on the laws of negligence. Liability can also be apportioned between more than one at-fault party. A lawyer can help assess who is liable for an accident and to what degree.
Ideally, you should retain a lawyer and avoid discussing the details of the accident with the insurance company. If you do choose to discuss the accident with the insurance adjuster, stick to basic facts and avoid assigning blame or making admissions.
2. Speculating Or Offering Opinions
Insurance adjusters may ask you questions that require guessing or speculating about what happened. Answering these questions can be harmful, as you could be putting facts on the record that are incorrect or incomplete.
For example, an insurance adjuster may ask you what the cause of the car accident was. It may be tempting to guess or speculate and say something like: “I think the other driver didn’t see me because the sun was in their eyes,” or “I think the other driver skidded on ice,” or “I think the other driver swerved to avoid an animal on the road and hit me.”
Again, it is important to involve a lawyer early to avoid putting inadvertent statements on the record. Speculation creates uncertainty and gives the insurer opportunities to argue alternative explanations that reduce their liability. If you decide not to consult a lawyer first, be very careful about putting information on the record that may not be correct. If you’re unsure about something, say so. If you do not know the answer to a question, advise the insurance adjuster that you do not know the answer to that question or that any answer you give would be a guess.
3. Downplaying Injuries
Immediately after, and in the days following the car accident, it is often unclear what the severity or extent of the injuries caused by the accident will be. It can be tempting to minimize your injuries when talking to an insurance adjuster by making statements such as: “I’m okay,” or “I’m just stiff and a little sore,” or “I don’t think it’s serious.”
However, many injuries, such as whiplash, concussions, soft tissue injuries, and psychological trauma, can take days, weeks, or even months to fully develop. It can also be difficult to fully diagnose some injuries until some time has passed. Under New Brunswick law, early statements minimizing your injuries may turn out to be incorrect, but still may be used to challenge both the seriousness and legitimacy of your injuries.
If you decide to talk to the Defendant’s insurance company before speaking with a lawyer, it is important to avoid discussing the severity of your injuries with the insurance adjuster. Instead, explain that you are still being assessed by medical professionals and that the full extent of your injuries is not yet known.
4. Discussing Prior Accidents Or Injuries
One of the insurance company’s goals in speaking with you is to get admissions or facts on the record that will help them defend against your claim. Another common defence that insurers rely on is the defence of pre-existing injuries. This defence can be used where the injured party had prior injuries or conditions that were impacting them at the time of the car accident.
The Defendant’s insurer may ask detailed questions about your prior medical history. The adjuster may also ask you to sign an authorization so that the insurer can request your medical information directly from your doctors and treatment providers.
The best way to protect your rights is to consult a personal injury lawyer before talking with the insurance company. If you do decide to speak with the insurance company, avoid discussing prior injuries and accidents. It will be up to your medical providers to speak to any link between these pre-existing injuries and your current injuries from the car accident. It is also extremely important that you do not sign any documents for the insurance company before consulting a lawyer.
5. Agreeing To A Written Or Recorded Statement
One of the most common tactics used by insurance companies in New Brunswick is requesting a recorded or written statement early in the claims process. Recorded statements are not for your benefit. They are designed to lock you into a version of events before you fully understand your injuries or legal rights. You are not obligated to provide a recorded statement to the Defendant’s insurer. It is usually best to decline until you have spoken with a personal injury lawyer.
6. Accepting A Settlement Offer Too Quickly
Early settlement offers are almost always lower than the true value of your claim. In fact, it is impossible to truly evaluate the claim without understanding the future medical needs, loss of income, or long-term limitations caused by the injuries.
It is therefore crucial to consult a personal injury lawyer before accepting a settlement for your claim. In New Brunswick, once you accept a settlement and sign a release, your right to revisit the amount or make further claims is extinguished, even if your condition worsens or your injuries change. Never accept a settlement without understanding the full scope of your injuries and your legal rights under New Brunswick law.
7. Agreeing Just To Be Polite
Many people naturally try to be agreeable, especially when speaking with someone who sounds professional and friendly. You may be tempted to make statements such as “that sounds right,” or “I guess so.” These responses can be interpreted as agreement with the insurer’s version of events or conclusions. It is important that when speaking with the insurance adjuster, you take your time, listen carefully, and do not feel pressured to agree with statements you are unsure about.
Why This Matters Under New Brunswick Law
Every interaction you have with the Defendant’s insurance company is documented. Notes, recordings, emails, and written statements can all be used to further the insurance company’s defence of the claim. Information that you give the adjuster can later be utilized to justify reducing your compensation, shifting fault, disputing the severity of the injuries, and denying portions of your claim. Insurance adjusters are trained professionals whose role is to protect the Defendant and to reduce the insurance company’s financial exposure.
Speak With A New Brunswick Personal Injury Lawyer First
One of the best steps you can take to protect your legal rights after a car accident is to speak with a New Brunswick personal injury lawyer. A personal injury lawyer can explain your legal rights and how certain facts about the accident and your injuries may change the nature of your claim.
If you decide to retain a personal injury lawyer to represent you in your claim, your lawyer will deal with the Defendant’s insurance company directly. Your lawyer will ensure that facts and information are shared accurately and properly. Your lawyer will act as your advocate and ensure that your rights are preserved.
If you’ve been injured in a car accident in New Brunswick, you don’t have to navigate the insurance process alone. Melanson Law has over 35 years of experience in helping clients with accident and injury claims. Getting legal advice early can make a meaningful difference in the outcome of your case. Call us today for a free consultation and let us help you get the support and compensation you are entitled to.
