If you’re considering an insurance claim, your first instinct might be to pick up the phone and call your insurer. But what you say in that first call could have consequences. A well-intentioned statement to an insurance company or adjuster can complicate a claim or reduce its value.
That’s why, in many cases, it’s a good idea to speak with a lawyer first. Here’s why.
You Get a Better Understanding of Your Rights
Insurance policies are often packed with dense language, exclusions, and fine print. A lawyer can help you understand your coverage, your responsibilities, and your entitlements under Ontario law. This is especially important in complex cases like long-term disability (LTD) denials, accident benefits, or major property losses.
It Helps You Avoid Undermining Your Claim
Insurance adjusters aren’t your advocates. They’re trained to assess claims — often with the goal of minimizing payouts. That means they may take note of what you say, even casual remarks, and use them to limit or deny your claim. Conversely, when speaking to adjuster, you may also leave out information that you didn’t realize was important.
A lawyer can guide you on what to say, what not to say, and how to avoid undermining your own case.
It Offers Protection from Bad Faith Practices
Ontario insurers have a duty to act in good faith, but delayed payments, lowball settlements, or unreasonable denials are not uncommon. A lawyer can spot these tactics and hold insurers accountable.
Maximize Compensation in Complex Cases
A lawyer can help ensure all damages — including long-term, non-economic, or future losses — are factored in including medical costs, lost income, or pain or suffering. If your case involves multiple parties, liability issues, or significant damages, legal support is essential, and the earlier they are involved, the better they can advocate for you.
Are There Times You Should Call the Insurer First?
Yes. If the claim is straightforward (like a minor auto repair) and doesn’t involve injuries or disputes, you may not need a lawyer right away or at all. And most insurance policies in Ontario have strict reporting windows. For example, auto insurance typically requires that you notify your insurer within seven days of an accident.
If you’re facing a deadline, submit a basic notice of claim, then consult a lawyer before giving a formal statement.
If your claim involves injury, significant damages, or any potential for dispute, contact us. Our team at Blackburn Lawyers has decades of experience helping our clients navigate the claims process with confidence and clarity.
Your first consultation is free. Contact us today to get started.
* Please note that the information in this article is not intended as legal advice, but rather as a general overview on the subject. If you are seeking legal advice, please consult with a lawyer.
