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7 Personal Injury
Myths

by Steven
Schwartzapfel
PERSONAL INJURY MYTH #1
MYTH: The insurance
adjuster is on your
side and is there to
help you.

TRUTH: The
insurance adjuster is
paid to protect the
interests of his or her
employer—the
insurance company.
PERSONAL INJURY MYTH #2
MYTH: The accident
wasn’t your fault, so
some insurance
company will
automatically pay for
the property damage
to your car, your
bills, your lost wages,
and your injuries.
TRUTH: The
insurance company
will fight you every
step of the way.
PERSONAL INJURY MYTH #3
MYTH: When you are in
an accident and the
insurance company calls
and asks for a recorded
statement, you must give
them one or they will not
settle with you.
TRUTH: The insurance
company would like you
to give a recorded
statement so they can
use it against you later.
New York law does not
require you to give a
recorded statement.
PERSONAL INJURY MYTH #4
MYTH: The accident
wasn’t your fault, so
if you give the
insurance company a
recorded or written
statement they will
pay for property
damage and medical
bills.
TRUTH: The
insurance company
will take whatever
steps are necessary
to limit payouts.
PERSONAL INJURY MYTH #5
MYTH: The insurance
company will make a fair
and reasonable
settlement offer.
TRUTH: The insurance
company is under no
obligation to make any
settlement offer. They
will dangle the possibility
of an offer only to obtain
as much information as
they can gather to use
against you later. If a
settlement offer is made,
it will be below the
actual value of your case.
PERSONAL INJURY MYTH #6
MYTH: The insurance
company will not offer or
pay more money if you
hire a lawyer.

TRUTH: The insurance
company’s own research
shows settlements in
cases where the injured
person is represented by
a lawyer are significantly
higher and the client
receives more money
even after payment of
attorney’s fees.
PERSONAL INJURY MYTH #7
MYTH: The accident wasn’t your
fault and you sustained such
serious injuries that if you just tell
the insurance company adjuster or
go to court and tell the jury your
story, they will feel badly for you
and give you money to compensate
you for all your losses.
TRUTH: Jurors are not generous.
Focus groups have proven that
jurors are often skeptical, cynical
and reluctant to believe the injured
party. Jurors have become
desensitized to blood and gore
after seeing so much of it on TV
and in realistic video games. It has
become increasingly difficult for an
injured person to recover the full
value of his or her losses without
having retained a highly
experienced and well qualified
attorney.

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7 Personal Injury Myths Debunked

  • 1. 7 Personal Injury Myths by Steven Schwartzapfel
  • 2. PERSONAL INJURY MYTH #1 MYTH: The insurance adjuster is on your side and is there to help you. TRUTH: The insurance adjuster is paid to protect the interests of his or her employer—the insurance company.
  • 3. PERSONAL INJURY MYTH #2 MYTH: The accident wasn’t your fault, so some insurance company will automatically pay for the property damage to your car, your bills, your lost wages, and your injuries. TRUTH: The insurance company will fight you every step of the way.
  • 4. PERSONAL INJURY MYTH #3 MYTH: When you are in an accident and the insurance company calls and asks for a recorded statement, you must give them one or they will not settle with you. TRUTH: The insurance company would like you to give a recorded statement so they can use it against you later. New York law does not require you to give a recorded statement.
  • 5. PERSONAL INJURY MYTH #4 MYTH: The accident wasn’t your fault, so if you give the insurance company a recorded or written statement they will pay for property damage and medical bills. TRUTH: The insurance company will take whatever steps are necessary to limit payouts.
  • 6. PERSONAL INJURY MYTH #5 MYTH: The insurance company will make a fair and reasonable settlement offer. TRUTH: The insurance company is under no obligation to make any settlement offer. They will dangle the possibility of an offer only to obtain as much information as they can gather to use against you later. If a settlement offer is made, it will be below the actual value of your case.
  • 7. PERSONAL INJURY MYTH #6 MYTH: The insurance company will not offer or pay more money if you hire a lawyer. TRUTH: The insurance company’s own research shows settlements in cases where the injured person is represented by a lawyer are significantly higher and the client receives more money even after payment of attorney’s fees.
  • 8. PERSONAL INJURY MYTH #7 MYTH: The accident wasn’t your fault and you sustained such serious injuries that if you just tell the insurance company adjuster or go to court and tell the jury your story, they will feel badly for you and give you money to compensate you for all your losses. TRUTH: Jurors are not generous. Focus groups have proven that jurors are often skeptical, cynical and reluctant to believe the injured party. Jurors have become desensitized to blood and gore after seeing so much of it on TV and in realistic video games. It has become increasingly difficult for an injured person to recover the full value of his or her losses without having retained a highly experienced and well qualified attorney.