Why Lawyers Should Take Over Communication with the Insurance Company

Communication with the insurance company after an accident can be tricky, especially when the issue of fault is not clearly established. The most common mistake is that policyholders unintentionally worsen their situation by describing the accident in their own words. There have been many cases where clients were initially only 50% at fault, but due to their own account of the incident, they were suddenly deemed 100% at fault. These misunderstandings often occur when the policyholder acts without legal counsel.

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1. Legal Expertise

Lawyers know exactly how insurance companies operate and how to present the accident details in a precise and favorable way. They prevent the policyholder from unintentionally implicating themselves with awkward phrasing.

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2. Protection Against Incorrect Terminology

Often, an admission of guilt is unintentionally made. Statements like "I didn’t see the other car" or "I’m sorry" can be interpreted by the insurance company as an admission of guilt. A lawyer ensures that the description remains factual and neutral to avoid misunderstandings.

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3. Avoiding Misinterpretations

Statements like "I went off the road" or "I was distracted" can quickly be viewed as self-inflicted fault, even if external factors, such as the behavior of other drivers, were the actual cause. A lawyer ensures that these misunderstandings do not arise.

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4. Effective Negotiation

Insurance companies often try to minimize or deny payments when the question of fault is unclear. Lawyers can thwart these tactics through their negotiation experience and legal knowledge, ensuring a fair settlement.

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5. Saving Time and Reducing Stress

A lawyer takes care of the entire claims process and the correspondence with the insurance company, saving the policyholder not only time but also unnecessary stress.

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Problematic Terms and Phrasing:

"I didn’t see the other car."

• Risk: This statement suggests that the driver was inattentive, even though external factors, such as a blind spot or poor visibility, may have played a role. A lawyer will clarify the situation and provide a detailed explanation to avoid prejudice.

"I went off the road."

• Risk: This could be interpreted as self-inflicted fault, even though slippery roads or another driver's behavior could have been the cause. A lawyer can present the true accident scenario precisely.

"I’m sorry, I should have reacted differently."

• Risk: A well-intentioned apology is often taken as an admission of guilt. A lawyer avoids such statements and focuses on the objective facts.

"I was distracted" or "I just looked at my phone for a moment."

• Risk: This sounds like negligence, even if the distraction was minor. A lawyer will focus on the true cause of the accident.

"I should have kept more distance."

• Risk: This self-critical statement can be interpreted by the insurance as confirmation that the driver violated traffic rules. A lawyer would emphasize that the distance may have been adequate until someone unexpectedly braked.

"I wasn’t sure if I had the right of way."

• Risk: This uncertainty may lead the insurer to conclude that the driver misjudged the situation, even though the other driver might have violated the right of way rules. A lawyer will present this issue accurately.

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Conclusion:

To avoid misunderstandings and unintentional admissions of guilt, policyholders should always handle communication with the insurance company through a lawyer. A lawyer ensures that the client’s position is clearly and precisely presented, securing fair compensation.

In addition, it’s highly beneficial to document the accident as thoroughly as possible. To be on the safe side and better document accidents, we’ve selected some recommended dash cams for you. With a dash cam, you always have a reliable video proof at hand, which can help clarify the question of fault.

The variety of dash cams on the market makes the selection challenging. We at Kfz Gutachter Alkan have thoroughly researched the different models to find the best ones for you. Whether top quality, solid performance, or a budget model – our selection covers all needs and helps you stay on the safe side.