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Like all cities, Boulder, Colorado, has its fair share of accidents. The city, famous for its food and arts scene, has a problem with negligence, with the occasional instance of citizens forgetting about their duty of care.

In such instances, dragging them to court through a personal injury case is a good reminder of what happens when they break the duty of care they owe to others.

Usually, the insurance company of the at-fault party will be the one compensating the victim. One of the first people who’d approach the victim after an accident will be an insurance adjuster.

A Boulder personal injury lawyer will tell you the same thing over and over again: Don’t talk to the insurance adjuster, at least not without speaking to an attorney first.

And you might be thinking, “Why not? What’s the harm in just explaining what happened?”

Well, that’s exactly what we’re going to unpack in this piece.

These Adjusters Are Not Your Friends

When the adjuster calls you for the first time, they do all they can to lull you into a false sense of comfort and security. Their voices are usually calm and soothing. They sound concerned, empathetic even. They might ask how you’re doing, if you’re feeling okay after the accident, and it all seems so genuine.

But here’s the thing: they’re not your friend. Their job, plain and simple, is to save the insurance company money. And every word you say can be twisted to do just that.

You might mention you’re feeling “okay” or that you “just want to get this all settled quickly.” Innocent, right? Not quite. That simple admission can be used to argue that your injuries aren’t as serious as they are or that you’re not as concerned about compensation as you should be.

You might be thinking this is a harmless or casual conversation, but best believe these adjusters have you on record inferring that your situation is not as serious as your lawyer is trying to make it seem.

Recorded Statements Are a Trap

One of the first things an adjuster might ask is if they can record your conversation “for accuracy”. It sounds reasonable. After all, they just want to make sure they get everything right, right? But here’s the kicker: that recording is a trap.

You may not know this, but a recorded statement can be used against you in ways you can’t predict.

For example, let’s say you’re still in shock from the accident; maybe it just happened an hour ago. You’re trying to remember exactly what happened, but your memory is fuzzy. You might say something like, “I think the light was green, but I’m not sure.”

Months later, when you’re more clear-headed and ready to give your official account, that recorded statement can be dragged out and used to undermine your credibility. They’ll argue that you’re changing your story and that your account isn’t reliable.

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They’re Out to Lowball You

The law allows insurance companies to make an initial offer that’s lower than what you need to cover your damages. They’re not breaking any rules when they do this. It’s part of their strategy, hoping you’ll take the offer because you’re stressed, overwhelmed, and just want to get things over with.

They might even make it sound like it’s the best you’re going to get or that you don’t really have other options. But here’s where things get tricky; they don’t have to tell you that you can negotiate or that you might be entitled to more.

So, why doesn’t the law step in? Well, technically, the law says that as long as they’re not outright lying or withholding information, they’re in the clear. They can present a low offer, and it’s up to you to accept it, negotiate, or reject it.

The problem is, unless you’re familiar with the ins and outs of insurance policies, it’s hard to know whether you’re being shortchanged or not. And insurance companies bank on that uncertainty.

Your Lawyer Is Your Best Asset

Lucky for you, all you need is a lawyer who knows how to beat these guys at their own game. You need a lawyer with experience, one with a track record of success in similar cases.

An experienced lawyer knows how to deal with these tactics. They can spot a lowball offer a mile away and will fight to get you what you actually deserve. They know the legal tricks and loopholes that insurance companies use, and they’re not afraid to challenge them.

John Mali Director of Media Relations

Director of Media Relations at AboutBoulder.com

john@aboutboulder.com