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JW Apostate
 
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Join Date: May 2004
Location: Napa, Ca
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Things to avoid saying

So I had that wreck almost two months ago.
The at-fault insurance rep is coming to 'visit' today.

They didn't really say why. Questions, forms, etc.

I'm pretty sure they want to settle early and cheap.


Will they try to entrap me into saying something they feel they can use against me?
Am I being paranoid?

I'll be totally honest with them, of course.
Some question I may not feel 'qualified or ready to answer at this time'.


Thanks


KT

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Old 10-07-2008, 08:10 AM
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"Things to avaoid saying"

I thought you meant like never say, "When is your due date?" to a not pregnant but just fat woman.
Old 10-07-2008, 08:14 AM
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That would be funnier.

Give those, too.




KT
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Old 10-07-2008, 08:16 AM
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how do you answer the age old question - "does this make my butt look fat?"
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Old 10-07-2008, 08:21 AM
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Personally, I would be totally honest with them but go into the conversation with the idea that this was not your fault and you don't have to accept less than what you're entitled to.

I have been hit twice over the years and in both instances the other dirver's insurance company did everything they could to get me to settle quickly and cheaply. Very painful experiences, needless to say. These people couldn't care less what is "right" and about the fact that their client caused you to sustain a loss. To them it is almost a game (IMHO) to see how cheaply they can "get out of it"...
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Old 10-07-2008, 08:22 AM
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I'd answer all "fact" questions....avoid "opinion" questions. An "admission against interest" is excluded from hearsay rules of evidence. As hard as I try to convince clients "I don't know" or "I don't recall" is a valid answer. Unfortunately most folks want to be helpful and truthful and often answer questions based on speculation rather than actual first hand knowledge.

What are the outstanding issues? Value of vehicle? Medical status? Liability?
Old 10-07-2008, 08:23 AM
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Quote:
Originally Posted by trekkor View Post
Will they try to entrap me into saying something they feel they can use against me?
Most likely. Maybe not "intentionally", but you can pretty much count on anything you do say will be used against you, if possible.

Did they mention using a tape recorder? Don't be surprised if they spring one on you. If they do, you're perfectly in the right to stop talking with them.

Randy
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Old 10-07-2008, 08:25 AM
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I would start with, "Can we make this quick? My meds are wearing off.....last time that happened, well, I just hope the familys of the victims can forgive me....."
Old 10-07-2008, 08:26 AM
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Why even talk with them at all? Isn't your own insurance supposed to handle that stuff?
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Old 10-07-2008, 08:29 AM
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Don't say that your back or neck quit hurting. I kid. They are there to get your statement, and if you've nothing to hide, the truth shall prevail.
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Old 10-07-2008, 08:30 AM
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just shuffle to the door dragging NOT connected foley cath. bag...red juice is best.
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good luck

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Old 10-07-2008, 08:43 AM
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Stay to yes and no as much as you can. Answer in short sentences. Stay to the facts and elorbrate as little as possible. Give no ammunition to them. Everything you say can and will be used in cort against you. Think beofre you speak, can this sentence be twisted into another menaing.

Also if you really want to start talking to them about something else like sports on TV, or the economy anything inane to divert attention from the facts. You might call it talking about nothing.

An attorney of mine told me a client of his was CIA and that is a technique that they are taught to use if they are being questioned.
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Old 10-07-2008, 08:45 AM
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If you're still in pain from the accident, however minor, do not say you're feeling fine. Do not report the truck is 100% until you have driven it for a while. My MIL got hosed by the insurance company after she said her car was running great after repair. Her car, a Honda accord, should have been totaled and had all kinds of issues less than 6 months later. It became very unreliable and she traded it for a new Honda at a huge loss.

You're not looking to screw the system but don't get screwed in return.
Old 10-07-2008, 08:49 AM
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Quote:
Originally Posted by looneybin View Post
how do you answer the age old question - "does this make my butt look fat?"
Yes.
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Old 10-07-2008, 09:06 AM
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Quote:
Originally Posted by looneybin View Post
how do you answer the age old question - "does this make my butt look fat?"

Nah, it's the fat that makes your butt look fat.
Old 10-07-2008, 09:15 AM
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You do not have to talk to them, period. Why on earth would you want to?? It's between your insurance co. and them. The only reason on earth for them to speak to you is to try to get you to say something against your interest. The police accident report has all of the pertinent info.

I can't stress this enough. When my Dad was a lawyer, his biggest problem was getting clients to keep their mouths shut. Normal people on the street are no match for insurance companies or their legal dept. (who may be interviewing you). I got rear-ended by a commercial truck last year and their insured called me and tried to do a recorded interview with me on the phone. I said, 'sure, but you'll have to send someone over to blow me during the call. It's the only way I would be relaxed enough to remember everything. WTF do you take me for? Go pound sand." I told them they could talk to my lawyer if they wanted, never heard from them again. They grabbed their ankles and paid-out.

If I sound like a prick here, (hehehe), believe me: they were trying to get out of paying. Period. That's how you run a business these days. Bring up the *lawyer* word, even if you don't really have one, and they disappear like a fart in the wind.
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Old 10-07-2008, 09:18 AM
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Old 10-07-2008, 10:02 AM
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One thing I'll never say again, "go ahead and help yourself".
Old 10-07-2008, 11:00 AM
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things *to* say:

"Can I share this Watchtower with you?"
Old 10-07-2008, 11:09 AM
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Things *to* say:

Do insurance guys like gladiator movies?

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Old 10-07-2008, 11:16 AM
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