As the title states I had gotten into an incident 3 weeks ago. The police report finally went through.
But what I’m confused about is before the ticket was fully reported I had been told my claim handler and even have a voice mail stating the other driver is 100% at fault
But today I get a call from the same advisor saying I’m now the one at liability.
Can I use the recorded message as a way to fight for my claim?
Posted by Chinfu1189
1 Comment
You can use whatever you want, but that doesn’t mean it has any probative value. Your adjuster may have said something based on a misunderstanding of the facts that was later clarified. They may have learned something new from the police report and other info they’ve gathered since your initial conversation. They may simply have misspoken. Their manager may have overruled them. They may have outright told you what you wanted to hear to get you off the phone. But none of that changes what actually happened at the accident scene, and none of that changes whether you are actually at fault.
So, sure, you can play them a recording of what they said earlier, but it doesn’t bind them in any way, and if you’re ever in front of a fact-finder (like a judge or jury) and they let you play the recording, they adjuster will be asked to explain why their assessment changed, but that’s it. There’s no “no take backsies” rule in these things.