If I was struck down by a van in a parking lot and need medical attention,should I personally speak to the driver’s insurance adjuster?

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If I was struck down by a van in a parking lot and need medical attention,should I personally speak to the driver’s insurance adjuster?

I was hit by a van 2 days ago and bounced off the hood, landing on the asphalt. Scraped up some but no broken bones. I rested yesterday and today I called the driver’s  insurance company and filed a claim. I was given a claim numberand have made an appointment with a chiropractor. The insurance adjuster wants to meet with me later this week to “discuss” the incident. Should I meet with her? Someone told me not to. Also, she said I might have to file a claim with my auto insurance carrier, but wouldn’t that mean I would have to pay the deductible? That isn’t right, is it? I was walking and not even in my car. Should speak with a personal injury attorney? In Hennepin County, MN.

Asked on August 8, 2011 Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should definitely speak with a personal injury attorney IF you feel that the total "damages"--medical costs to date, forward looking medical costs, lost wages (if any) etc.--could total over $1,500; if they're likely less, it's may not be worth the cost of an attorney, though an attorney is always helpful.

You should not speak with the adjuster until you decide whether you are likely to get an attorney, and if you think you will, until you meet first with your lawyer. That's because anything you say to the adjuster can be used against you, so saying the wrong thing can really cost you.

Sometimes auto policies will cover the driver as pedestrian--take a look at your policy and/or call the carrier to be sure.


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