Do I need a lawyer to talk to the insurance company?

In short, yes, you generally should at least discuss your personal injury settlement with an attorney before you call the other driver’s insurance company.  The reason is that most insurance adjusters are in the business of limiting your claim, not necessarily giving you what’s fair.  The American legal system is an adversarial legal system, meaning that each party is assumed to be its own best advocate.  Most insurance adjusters have been trained by the insurance companies to get damaging admissions from you on the following subjects:
  • Who’s at fault?
  • How are you feeling today?
  • How did the accident happen?
  • Did you go to any hospitals?
  • Did you see a doctor?
If you tell the insurance company that you are “fine” a common response to the question “how are you doing today?”  it’s possible that you could be limiting your claim by telling them that you are “fine” days after the accident.  If you begin volunteering information about how the accident occurred it may be inconsistent with your police report or you may admit to speeding, talking on your phone, texting or being distracted.  Any of these admissions could limit your recovery under comparative fault in causing the accident.


A seasoned personal injury attorney can help you locate your medical records and billing records, your payroll records and receipts for any goods (prescriptions, bandages, uber or lyft rides) you had to purchase as a result of the accident.  The adjusters will need this information and an attorney can help you make sense of what your options are, use a comparative analysis with other cases similar to yours and advocate on your behalf with an insurance company to achieve the fair settlement that you need to move on and resolve the matter.  Often the attorney can: (1) help you avoid making mistakes in calculating your recoverable damages (2) compare your lawsuit with similar cases and (3) help you obtain and review your medical records and payroll records and advocate for a higher number, i.e. the “fair settlement” that you are seeking!
Please call today at (858) 926-5797.

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Thomas F. Gallagher, Esq.


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Mike K., Google

August 11, 2023

Thank you so much for all your help in resolving a real estate matter so quickly and efficiently.

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October 17, 2023

We had the pleasure of speaking with Troy for a contractor issue we had recently. He is smart, patient, empathetic and basically the lawyer we would want to be our side for (may God forbids) any legal assistance or battle we need! The interaction we had with him was “free of charge” but we already felt his dedication and concern (he took the time to reach out and follow up on how he can assist us further) which busy lawyers would normally ask their admin or assistant to do so on their behalf. We will be sure to contact again Troy, if need be! Thank you!!

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October 11, 2022

I left a voicemail for Tom late Sunday evening and received a phone call first thing the next morning.

Tom was very quick to reply to any questions I had, and if he was caught up in a meeting, he was sure to return my call promptly.

Tom provided sound and logical advice, during a very stressful and uncertain time. At times I asked him to be more aggressive and was often met with the pros and cons of that decision, allowing me to understand the approach and thought process behind his strategy.

Ultimately he provided options for several paths for us to take, worked swiftly, and got us where we needed to be.

He reached out several times to check on my sanity and make sure I was good.

As someone with very high expectations, I would highly recommend his services. He provided expertise that proved to be successful, and also took the time to make sure I was emotionally solid.

Tom assisted with me with a 50% / 50% ownership conflict.

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February 23, 2022

Really informative and actionable, very grateful to have connected and I look forward to working more with them in the future.


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February 8, 2022

i liked that a lawyer, and not a staff member, called me to get the details and he gave me his opinion of what his initial thoughts are about my case.


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Bob W., Google

August 30, 2021

What was thought to be a simple breach of contract turned into a nightmare. Through their tenacity and their deep knowledge of the law, we were successful. There is no reason to look any further as you will not get any better representation than this firm. I highly recommend them and strongly suggest that if you are considering starting a business or are already managing one, this firm will guide you, avoiding the troubled waters businesses sometimes find themselves in.

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Rasmita M., Google

August 13, 2021

Johnny Nitti helped us with our estate plan. He was very meticulous while drafting the plan and spent enough time to explain the details to us. He filed the deed with county recorder and paid for the fees himself. Overall, Johnny did a great job and we definitely plan to work with him in the future for any updates to our EP.

Rasmita M

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George A., Google

August 6, 2021

Johnny Nitti helped me with my estate planning (will, living trust, etc.) and made the process smooth. He is very responsive and organized. I highly recommend contacting Johnny.

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Ashley C., Google

July 18, 2020

Tom Gallagher is very knowledgeable and helpful when it comes to business law. I reached out to him reguarding the Pandemic and my salon and I’m so glad I did. Many times stress and hard times can fog clarity and he really helped me understand the laws.

Thanks Tom!!!

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Evan D., Google

July 16, 2019

Thank you Troy for everything! Professional, prompt, and smooth handling of my case. I will be recommending to anyone that is in need of a lawyer.

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