You are under no legal obligation to give a recorded statement to the at-fault driver’s insurance adjuster. It is highly recommended to direct all communication through your Calgary personal injury lawyer to prevent your words from being used against you.
If you have been involved in a motor vehicle accident, figuring out how to deal with an at-fault driver’s insurance adjuster in Calgary can be incredibly stressful. Within days of the crash, you will likely receive a phone call from an adjuster representing the other driver. Their tone may be friendly, but their primary goal is to minimize the amount of money their company has to pay you.
Many injured residents in Alberta unknowingly harm their bodily injury claims by chatting too freely with the opposing insurance company. 🚨 Even a simple, polite phrase like “I am feeling okay today” can be weaponized to argue that your injuries are not severe. Understanding your rights is the best defence against unfair insurance tactics.
Step-by-Step Process in Calgary
Handling the aftermath of a car crash in Calgary requires caution. Whether your collision occurred near downtown or in suburban communities like Evanston, the steps you take when communicating with insurance companies are crucial for protecting your potential settlement.
Step 1: Report the Accident to Your Own Insurance
Under Alberta law, you must report the accident to your own insurance provider as soon as possible. 📞 You are legally required to cooperate with your own insurer so you can access immediate Section B medical benefits. You should also ensure the accident is reported to the Calgary Police Service if the combined damage exceeds $5,000 CAD or if there are injuries.
Step 2: Decline to Give a Recorded Statement
When the at-fault driver’s adjuster calls, politely decline to provide a recorded statement. You can confirm basic facts, such as your name and the date of the accident, but do not discuss your injuries, who was at fault, or the specific details of the crash. Tell them you are seeking legal counsel.
Step 3: Direct All Communication to Your Law Firm
The safest way to deal with an opposing insurance adjuster is to let a professional do it for you. 💼 Once you hire a personal injury lawyer in Calgary, they will inform the insurance company that all future correspondence must go through their office. This relieves you of the stress and prevents any accidental admissions of fault.
How Much Does it Cost in Calgary?
You might worry that hiring a lawyer to handle insurance adjusters will be expensive. Fortunately, personal injury law firms in Alberta operate in a way that makes legal representation accessible to everyone.
- Contingency Fees: Most lawyers charge a percentage (usually 30% to 33%) of your final settlement. You do not pay hourly fees out of pocket.
- Disbursements: Costs for gathering evidence, such as medical records and police reports, are covered upfront by the law firm and deducted at the end of the case.
- Free Consultations: You can generally speak to a lawyer for free to understand your rights before you sign any agreements.
How Long Does the Process Take?
Negotiating a fair settlement with an insurance adjuster takes time. ⌛ In Alberta, a standard bodily injury claim takes between 1 to 3 years to resolve. It is vital not to rush; you must wait until you reach Maximum Medical Improvement (MMI) before agreeing to any final settlement cheque.
Frequently Asked Questions (FAQ)
Am I legally required to speak to the at-fault driver’s insurance adjuster?
No. While you must cooperate with your own insurance company, you have no legal obligation to provide a statement to the insurance company representing the driver who hit you.
What should I do if the adjuster offers me an early settlement cheque?
Never accept an early settlement offer or sign a Release form without consulting a lawyer. Early offers are usually much lower than what you are actually entitled to, and signing a Release prevents you from asking for more money later.
Can the insurance adjuster look at my social media accounts?
Yes. Insurance adjusters often monitor public social media profiles in Calgary to find photos or posts that contradict your injury claims. It is highly recommended to set all your accounts to private after an accident.
Will my lawyer file a lawsuit immediately?
Not necessarily. Your lawyer will usually attempt to negotiate a fair settlement out of court first. However, they will file a Statement of Claim at the Court of King’s Bench before the two-year limitation period expires to protect your rights.
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