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re: Required for minor to give statement to auto insurance adjuster?

Posted on 6/16/22 at 7:48 am to
Posted by Gorilla Ball
Member since Feb 2006
11673 posts
Posted on 6/16/22 at 7:48 am to
I tapped and I mean gentle bumped this young girl at a exit ramp in think on Siegen.
I get out and look at her car - nothing not even the dust had been disturbed. She was probably 18-20 and she was rattled. So to calm her nerves so asked to call her mom, yes sure.
So we sent mom the pictures- there was literally nothing done to her car. I don’t think my car was disturbed either.
She insisted on calling the police. I was being agreeable so I said sure.
The LSP - gets out there and says he can’t fill out a accident report because he can’t show there was a accident or on the report he was gonna state no damage or something similar. The young lady calls the mom, the mom gets irate. I could hear (mom screaming) doesn’t your next hurt or something- no mom.
I guess the mom was insisting that the LSP do something or submit a report showing an accident.
At this time the LSP was getting annoyed.
He asked to speak to the mom, gives her his name etc and says basically a report isn’t going to be completed or started. I guess the mom started raising her voice, the LSP says this is the end of conversation, and basically told us good day and left.
People are nuts.
Posted by jscrims
Lost
Member since May 2008
3553 posts
Posted on 6/16/22 at 7:48 am to
Lots of licensed claims adjusters in this thread.

You guys might want to look up and know what you are talking about. There are about 1-2 people who know the law and the truth. The rest are dumbasses who think because they witnessed an accident 12 years ago, they know everything.
Posted by LRB1967
Tennessee
Member since Dec 2020
15605 posts
Posted on 6/16/22 at 7:51 am to
If the other driver admitted 100% fault then a statement by your son should not be necessary.
Posted by lostinbr
Baton Rouge, LA
Member since Oct 2017
9361 posts
Posted on 6/16/22 at 7:56 am to
quote:

If I refuse to allow him to give a statement, will this slow the process?

I look at it this way - ultimately, the other driver’s insurance company can force your son to give a statement of it’s important enough to them. If they refuse to pay and you take them to court, he’ll eventually have to give his version of the events.

So the question is whether the insurance carrier cares more about your son giving a statement than you care about not giving a statement. You can probably get everything resolved faster if he does give a statement to the adjuster, but there’s a risk that they use that to shift fault as you said.

If he does talk to the adjuster, I would try to stall until you can get a copy of the police report. That way you can avoid any statements that are inconsistent. They might punt once they have the police report anyway, if it’s as cut and dried as you suggest.

ETA: All of that said, there’s not a lot of good that can come from talking to the other party’s insurance. Best case scenario is that they agree they are at fault and process the claim a little faster. If it’s a relatively minor accident with no injuries it’s probably not worth them fighting the claim, especially if the police report is conclusive. If it’s a major accident with injuries I wouldn’t want to give any statement without an attorney anyway.
This post was edited on 6/16/22 at 8:02 am
Posted by Sheepdog1833
Member since Feb 2019
685 posts
Posted on 7/4/22 at 10:39 am to
Update:
It took us two weeks but the other insurance finally claimed 100% liability.

The adjuster still insisted that we have my minor son give a statement. So we told him it would be written (obviously by me). We waited for the police report which came in ten days.
I forward it along with our written statement which was verbatim of the police report.
The wouldn’t pay for a rental until they claimed responsibility. Luckily for us we had another available. Otherwise, we would have had to come out of pocket up front. We never did file a claim with our company, which the agent advised unless we ran into trouble. We were lucky that we were in a position to be able to wait them out.

Moral: if you can don’t tell them shite if you are in the right. The adjuster did send questions that he needed answered, which in my opinion were leading to get us to claim some responsibility.
Posted by tigercross
Member since Feb 2008
4918 posts
Posted on 7/4/22 at 11:30 am to
quote:


Your son pretty much has to give a statement. That’s pretty standard. Problem is they will use everything he says against him. You have to be very careful in your choice of words when giving a statement after an accident even when you’re not at fault because they will use everything you say to try to give you partial liability - just like what happened to you.


It's impressive how you can have consistently wrong takes on such a wide variety of topics. One might think that you'd occasionally submit something insightful, but we are still waiting.
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