Close X


Fort Myers Auto Accidents: "Is That a Trick Question"?

Posted by Scot D. Goldberg | Jun 14, 2016 | 0 Comments

Fort Myers auto accidents

If You're Talking to An Insurance Adjuster After an Accident, it Could Be…

If you've ever been involved in a car accident in Fort Myers, Cape Coral or anywhere in Southwest Florida, you know just how confusing and contradictory things can be in the aftermath. You will be asked so many questions, and some that are downright accusatory. You may think there's no way you could be found at fault – or even partially at fault – but you may be surprised at the outcome.

 Giant insurance companies and their adjusters go to great lengths to get you to say things that you may not want to say. Let's face it – their job is to protect their financial interests, save their company money and pay out as little as possible to make you and your property whole again. Adjusters are experts at phrasing questions to get the kind of answers they're looking for. They have years of experience using just the right words and phrases, specifically scripted  to get you to arrive at the answer they want to hear – that you in some way contributed to the accident – even when that's not the case.

 Speaking to an insurance adjuster after an accident can seem like an extremely casual, even offhand conversation. They will use very easygoing, matter-of-fact questions, designed to seem like they are not even questions at all, and meant to make you feel at ease. They want it to feel like you're talking to a friend. Well, rest assured – this is an adversarial conversation from the beginning. Many people think they're too smart to be lured into saying anything incriminating, so why not go ahead and give a recorded statement? After all, you didn't do anything wrong, so what's to fear, right?


 At the Goldberg Law firm, we deal with insurance companies on a daily basis. We represent clients who have been seriously injured in a car, motorcycle or other type of crash that was not their fault. We have learned over our many years of practicing personal injury law that what you say after an accident – as well as what you don't say – are essential elements of whether your claim is resolved fairly. This becomes a critical part of your legal claim, and whether you will receive adequate financial compensation for your damages, including any serious physical injuries.

 Don't Be Duped by a Smooth-Talking Insurance Adjuster

There is a long list of tricky questions you'll encounter when the adjuster calls to get your take on what happened regarding your accident. They'll usually toss off some casual question like, ‘Based on what happened, is there anything you could have done to avoid or prevent the accident?' The attorneys at Goldberg Law offer this recommendation on exactly how to answer that one – DON'T.

Again, it doesn't matter that you think you're clever enough to say the right thing – just DON'T answer that question, period.

 When our clients hire us to defend their rights after a serious motor vehicle crash, their problems instantly become our problems. You won't be required to deal with aggressive insurance investigators, or any attorneys representing the huge insurance corporations. All you'll need to do is ask that they call our office and speak with your attorney, and we'll take it from there.  

 While this is not the only form of a potentially treacherous question you may get from an insurance adjuster, it is one of the most dangerous in determining the outcome of your case. There is virtually no good or correct answer to that question, and the sooner you understand that, the better.

 If you've been involved in motor vehicle accident – and particularly if you've ended up with serious injuries – there are some really critical things you need to know in order to protect your legal rights:

  • DON'T give a recorded statement to the insurance adjuster without talking with one of our personal injury lawyers first.
  • DO get a copy of the accident police report.
  • No matter how tempting it may be, resist the urge to answer the ‘is there anything you think you could have done to avoid the accident' question. When it comes to trick questions, this one is the killer. DON'T fall for it.
  • DON'T agree or disagree with the adjuster's version of events.

 Here's the most important thing to take away from this if you've been hurt in an accident that you feel was caused through no fault of your own: Tell the insurance adjuster to call your lawyer. This is what we do, day in and day out. If you want your legal rights to be fully protected, you need an experienced personal injury lawyer on your side.

 Don't be fooled by the “friendly” insurance adjuster and their casual questions. Call the law firm of Goldberg, Racila, D'Alessandro & Noone in Fort Myers at 239-461-5508. Or if you prefer, complete this easy, confidential form and an attorney will contact you immediately. We'll meet with you at no cost to talk about your situation, and we'll make sure you receive every form of financial compensation you're entitled to under the law.

About the Author

Scot D. Goldberg

Scot Goldberg is a founding partner of the Goldberg Law Firm. See his attorney profile for more information.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment


People who hire a good attorney greatly increase the chances of winning their case. If your personal legal situation has you wondering if you need a lawyer or not, give us a call at 239-461-5508. We can sit down with you, no charge, to talk about your situation, and help you make that decision. You may decide you could use our firm on your side.


We, at The Goldberg Law Firm, are dedicated to standing up for the rights and protection of victims of negligence and to seeing justice done. We will continue to direct our combined knowledge, determination, and drive to the limits for each and every one of our clients. The results are record-breaking jury verdicts, real relationships with our clients, and legislative breakthroughs.