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Attorney Ask an WITH LANE SIESKY / SIESKY LAW FIRM, PC
Focusing on personal injury, civil litigation, whistleblower claims and workers' compensation law, Siesky Law Firm strives to provide excellent legal services while remaining client and community centered. The Evansville-based trio of top attorneys - including Lane Siesky, Daniel Gearhart and Douglas Briody - boasts years of invaluable experience inside and outside the courtroom. Highly-respected with an impeccable track record, the firm's aggressive representation of its clients continues to benefit the community in myriad ways.
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Q: My father was recently in a car accident that was caused by the other driver involved. The negligent party's insurance company keeps calling my dad and trying to get statements from him. Does it make any sense to engage with the other driver's insurance company or should he simply refuse to communicate and instead seek advice from an injury attorney?
A:This is a great question and one that we receive and answer on a routine basis at Siesky Law Firm.
A little perspective here is helpful. First, think about the person injured in the collision. Most people are not litigious. What I mean is that most people are not looking to be in an accident and sue or hire a lawyer right away. In fact, most folks that are injured in a car wreck do not like the idea of hiring a lawyer and would rather be nice and try to “work it out” with the at-fault driver’s insurance carrier. Next, think about insurance companies. Insurance companies are for-profit businesses, and the injury claims process is adversarial. So, insurance companies do what is in their own best interest, not that of the person or persons injured in collision. Moreover, insurance companies realize that most people injured in a collision have a "can’t we just work it out" mentality. Do you really think insurance companies do not seek to exploit injured people’s somewhat naive mentality?
Finally, insurance companies are in the business of investigating and adjusting injury claims stemming from car collisions. People injured in collisions are not in the business of handling personal injury claims. As such, there is a large disparity in the knowledge of the laws, rules, what to do, what not to do and resources such as accident reconstructionists, investigators, surveillance, and technology.
There is an old saying in law that sums this up: "He who represents himself has a fool for a client."
Disclaimer: The above information provided by Siesky Law Firm, PC, is not legal advice and should not be taken as legal advice. Application of the law is highly fact sensitive and readers should consult with an attorney on legal matters.