First-time car accident victims are not only dealing with physical and emotional distress, they are often navigating the legal system for the first time. Some find themselves hounded by unscrupulous attorneys who obtained their contact information illegally, commonly referred to as “ambulance chasers.”
After being rear-ended while driving home from work, Stacie Burgess was shocked to start receiving calls from lawyers offering to represent her the very next day. “I couldn’t believe the amount of calls I got, it seemed like they were privy to information from my 911 call or a police report.”
The calls left her feeling very agitated, on top of all of the other emotions that come along with being in an accident for the first time, Stacie said.
If a lawyer calls you after an accident, they have likely received your contact information through unethical methods, said Keith Watters of Keith Watters & Associates. These types of lawyers are considered “runners” or “solicitors” who will likely resell your case if you contract services with them.
“If an attorney calls you, they probably got the information improperly from the police or hospital,” Watters said. “There are a lot of payoffs in this field and if a lawyer is willing to pay for information to get a client, that is a sign right there that the person is probably unethical.”
Lawyers Calling After Accident
Doctors would call you in those states because they are guaranteed payment for their services rendered. They bill your auto insurance company for those services. Doctors and attorneys have staged accidents to be able to treat and represent people who were paid to stage these accidents.
Falling victim to the predators
Lawyers shouldn’t be soliciting clients as a general rule, so receiving an unexpected phone call from an attorney should be a warning sign for accident victims.
Many people are unaware that this practice is illegal and end up using the attorney’s services.
A WXYZ Detroit story looks at the issue of ambulance chasers in that city, where accident victims are often targeted. New technology has allowed ambulance chasers to find victims even more easily, according to the report.
“Derrick” was an accident victim who got a phone call within 24 hours of being hit while driving. The attorneys who contacted him provided transportation to take Derrick to a high-price medical clinic and then ended up referring his case elsewhere.
Derrick later learned that those calls broke a Michigan state law against solicitation, which is punishable by jail time and up to $60,000 in fines. Derrick later found his own lawyer to handle his accident and filed a complaint with the attorney grievance commission against the predatory attorney.
Attorney Daniel Romano told WXYZ that he suspects police officers, emergency responders, and even hospital workers could be turning over personal information to unscrupulous attorneys.
“We are getting people solicited the day the accident happens, often within an hour or minutes of the accident.” Romano said. “It happens in cases where there is no police report, when they go directly to the hospital. Or when they don’t go to the hospital, there’s just a police report.”
In Stacie’s case, she ended up researching and finding her own firm, but she understands why some people fall prey to these scammers. “You just don’t know what to do when it is your first time in an accident. The ambulance chasers to me are just not reputable,” she said.
Also Read: When To Hire An Attorney After A Car Accident - Must Know
Violation of conduct
The American Bar Association’s (ABA) “Model Rules for Professional Conduct“ provide strict guidance on how lawyers may solicit clients. An infraction could cost an attorney their law license. These rules, which were adopted by each individual state, regulate that:
A lawyer shall not by in-person, live telephone or real-time electronic contact solicit professional employment when a significant motive for the lawyer’s doing so is the lawyer’s pecuniary gain, unless the person contacted:
is a lawyer; or has a family, close personal, or prior professional relationship with the lawyer.
A lawyer shall not solicit professional employment by written, recorded or electronic communication or by in-person, telephone or real-time electronic contact even when not otherwise prohibited by paragraph if:
the target of the solicitation has made known to the lawyer a desire not to be solicited by the lawyer; or the solicitation involves coercion, duress or harassment.
In summary, the rules state that attorneys cannot contact clients if their primary motivation is to make a profit. However, there are exceptions if the potential client is a lawyer, or a person has a familial or professional relationship with the attorney.
Also Read: Should I Get A Lawyer For A Minor Car Accident - Must Know
Phone scams
Phone scams are a common way for criminals to con people out of money. Be aware of some of the most common phone scams and find out what you can do to stay safe.
What is a cold call?
Cold calls are phone calls from companies trying to sell you something, even though they have had no business with you previously. Cold calls aren’t usually illegal and don’t necessarily count as a scam although they can be annoying, frustrating and even frightening.
Even though it won't necessarily block scammers, you can register for free with the Telephone Preference Service (TPS) to reduce the number of cold calls you receive.
What are some common types of phone scams?
It can be hard to tell the difference between a scam and cold calling. However, it's good to know some of the typical tricks that scammers use so you can be prepared.
Bank scams
Someone may call claiming to be from your bank telling you there’s a problem with your card or account. The caller will often sound professional and try to convince you that your card has been cloned or that your money is at risk.
They may ask for your account and card details, including your PIN number, and even offer to send a courier to collect your card. They may also advise transferring your money to a ‘safe account’ to protect it. This is a common scam and your bank would never ask you to do this.
Computer repair scams
A scammer may call you claiming to be from the helpdesk of a well-known IT firm, such as Microsoft. They’ll tell you that your computer has a virus and will ask you to download ‘anti-virus software’, possibly at a cost.
This turns out to be spyware, used to get your personal details. Legitimate IT companies don’t contact customers this way.
Compensation calls
This is a call from a company asking about a car accident you’ve supposedly had claiming you may be entitled to compensation. Some of these could be genuine companies looking for business but others are scammers. Don’t engage in these calls. If you’ve had an accident, call your own insurance company on the phone number provided on your policy.
HMRC scams
You may get a call from someone claiming to be from HMRC saying there is an issue with your tax refund or an unpaid tax bill. They may leave a message and ask you to call back. Again, don’t be fooled by this. HMRC would never contact you this way and would never ask you to reveal personal financial information such as your bank account details.
Also Read: How To Apply Attorney for Car Accident Claim - Must Know
Number spoofing
Scammers now have the technology to mimic an official telephone number so it comes up on your caller ID display (if you have one on your phone). This can trick you into thinking the caller is really from a legitimate organization, such as a bank or utility company. If you’re in any doubt, hang up and call the organization directly. If possible, call them from different phone as scammers can keep the phone line open, so that even if you hang up and call the organization directly, the line may still be connected to the scammer. If it’s not possible to use another phone then wait for at least 10 minutes before you call.
What should I do if I get a scam call?
Older people are often a target for scammers, so it's important to be aware of phone scams and how to handle them. Fortunately, there are things you can do to protect yourself:
Don't reveal personal details. Never give out personal or financial information (such as your bank account details or your PIN) over the phone, even if the caller claims to be from your bank.
Hang up. If you feel harassed or intimidated, or if the caller talks over you without giving you a chance to speak, end the call. It may feel rude to hang up on someone, but you have the right not to be pressurized into anything.
Ring the organization. If you're unsure whether the caller is genuine, you can always ring the company or bank they claim to be from. Make sure you find the number yourself and don’t use the one provided by the caller.
Don't be rushed. Scammers will try to rush you into providing your personal details. They may say they have time-limited offer or claim your bank account is at risk if you don't give them the information they need right away.
How can I avoid phone scams and cold calls?
You can block or prevent some cold calls. Try these simple things:
Register with the Telephone Preference Service – it's free and it allows you to opt out of any unsolicited live telesales calls. This should reduce the number of cold calls you receive but may not block scammers.
Talk to your phone provider to see what other privacy services and call-blocking services are available, although you may need to pay for some of these services.
If you have a smartphone, you can use the settings on the phone to block unwanted numbers. If you’re not sure how to do this, you could visit your local mobile phone shop for assistance.
There are products to block some calls. Some local councils provide call blockers through their trading standards teams.
Also Read: What is The Car Accident Lawyer Fees in United States?
Phone scams
Phone scams are a common way for criminals to con people out of money. Be aware of some of the most common phone scams and find out what you can do to stay safe.
What is a cold call?
Cold calls are phone calls from companies trying to sell you something, even though they have had no business with you previously. Cold calls aren’t usually illegal and don’t necessarily count as a scam although they can be annoying, frustrating and even frightening.
Even though it won't necessarily block scammers, you can register for free with the Telephone Preference Service (TPS) to reduce the number of cold calls you receive.
Register with the Telephone Preference Service
What are some common types of phone scams?
It can be hard to tell the difference between a scam and cold calling. However, it's good to know some of the typical tricks that scammers use so you can be prepared.
Bank scams
Someone may call claiming to be from your bank telling you there’s a problem with your card or account. The caller will often sound professional and try to convince you that your card has been cloned or that your money is at risk.
They may ask for your account and card details, including your PIN number, and even offer to send a courier to collect your card. They may also advise transferring your money to a ‘safe account’ to protect it.
This is a common scam and your bank would never ask you to do this.
Computer repair scams
A scammer may call you claiming to be from the helpdesk of a well-known IT firm, such as Microsoft. They’ll tell you that your computer has a virus and will ask you to download ‘anti-virus software’, possibly at a cost.
This turns out to be spyware, used to get your personal details. Legitimate IT companies don’t contact customers this way.
Compensation calls
This is a call from a company asking about a car accident you’ve supposedly had claiming you may be entitled to compensation. Some of these could be genuine companies looking for business but others are scammers. Don’t engage in these calls. If you’ve had an accident, call your own insurance company on the phone number provided on your policy.
HMRC scams
You may get a call from someone claiming to be from HMRC saying there is an issue with your tax refund or an unpaid tax bill. They may leave a message and ask you to call back. Again, don’t be fooled by this. HMRC would never contact you this way and would never ask you to reveal personal financial information such as your bank account details.
Number spoofing
Scammers now have the technology to mimic an official telephone number so it comes up on your caller ID display (if you have one on your phone). This can trick you into thinking the caller is really from a legitimate organisation, such as a bank or utility company. If you’re in any doubt, hang up and call the organisation directly. If possible, call them from different phone as scammers can keep the phone line open, so that even if you hang up and call the organisation directly, the line may still be connected to the scammer. If it’s not possible to use another phone then wait for at least 10 minutes before you call.
Pensions and investment scams
This is a call about an 'unmissable' investment opportunity, or offering you the opportunity to access your pension cash earlier.
See our sections on pension scams and investment scams for more information about these types of scams.
Nuisance calls about pensions are now illegal. If you receive a cold call about your pension, report it to the Information Commissioner's Office on 0303 123 1113 or go online here.
‘Anti-scam’ scams
This is a call from someone claiming to be from a charity supporting scam victims, a company selling anti-scam technology, or from someone demanding money to renew your Telephone Preference Service registration, which is actually free. Be alert to all of these.
Check a charity’s registration with the Charity Commission to find out if they’re genuine
What should I do if I get a scam call?
Older people are often a target for scammers, so it's important to be aware of phone scams and how to handle them. Fortunately, there are things you can do to protect yourself:
Don't reveal personal details. Never give out personal or financial information (such as your bank account details or your PIN) over the phone, even if the caller claims to be from your bank.
Hang up. If you feel harassed or intimidated, or if the caller talks over you without giving you a chance to speak, end the call. It may feel rude to hang up on someone, but you have the right not to be pressurized into anything.
Ring the organization. If you're unsure whether the caller is genuine, you can always ring the company or bank they claim to be from. Make sure you find the number yourself and don’t use the one provided by the caller.
Don't be rushed. Scammers will try to rush you into providing your personal details. They may say they have time-limited offer or claim your bank account is at risk if you don't give them the information they need right away.
How can I avoid phone scams and cold calls?
You can block or prevent some cold calls. Try these simple things:
Register with the Telephone Preference Service – it's free and it allows you to opt out of any unsolicited live telesales calls. This should reduce the number of cold calls you receive but may not block scammers.
Talk to your phone provider to see what other privacy services and call-blocking services are available, although you may need to pay for some of these services.
If you have a smartphone, you can use the settings on the phone to block unwanted numbers. If you’re not sure how to do this, you could visit your local mobile phone shop for assistance.
There are products to block some calls. Some local councils provide call blockers through their trading standards teams.
Also Read: When to Get An Attorney for a Car Accident?
How can I report or make a complaint about a cold call?
There are privacy laws that protect consumers from direct marketing phone calls. If you’ve registered your phone number with the Telephone Preference Service (TPS) or if you’ve told the company directly that you don’t wish to receive phone calls, you shouldn’t receive direct marketing calls from the UK.
If you receive an unwanted telesales call, an automated message, or a spam message, tell the company that you don’t wish to be contacted again.
Some Important Questions And Answers
How do I stop accident claim calls?
Register with the Telephone Preference Service
The best way to reduce nuisance calls is to register for free with the Telephone Preference Service (TPS). They'll add you to their list of numbers that don't want to receive sales and marketing calls.
Why do I get calls saying I've been in a car accident?
Compensation calls
This is a call from a company asking about a car accident you've supposedly had claiming you may be entitled to compensation. Some of these could be genuine companies looking for business but others are scammers.
Why do insurance companies call after accident?
One of the most common reasons that insurance companies may contact you after an accident is to obtain information to use against you. Insurance adjusters may be able to use information against you by using the following tactics: Getting you to admit fault for the accident.
Will my insurance call me after an accident?
After a car accident, you may receive a call from the other driver's insurance company, regardless of how clear it may be that the other driver was at fault for the crash. Even in situations where you're at fault, the other driver's insurance company could still contact you.
What happens if I answer a spam call?
The robocall's logic is simple. If you answer their call, your number is considered “good,” even if you don't fall for the scam. They will try again next time because they know there's someone on the other side who is a potential victim for fraud. The less you answer, the fewer the calls.
Does 61 block unwanted calls?
Block calls from your phone
Press *60 and follow the voice prompts to turn on call blocking. Press *61 to add the last call received to your call block list. Press *80 to turn call blocking off.
What numbers should not answer?
The Federal Trade Commission previously linked these area codes to the scam: 268, 284, 473, 664, 649, 767, 809, 829, 849 and 876. Bottom line: If you receive an unexpected call or text from an area code you don't recognize, don't answer it. Do a Google search to see where the number is registered.
How do I remove my number from spam lists?
You can also call 1-888-382-1222 from any phone you want on the list. That's all it takes, and your number stays on the list until you ask for it to be removed or you give up the number.
What should you not say to your insurance after an accident?
Here are things that you should not say to an insurance company after a car accident: Don't make any statements right after an accident. You may be in shock, confused, or stressed. Don't admit fault.
Should I call the at fault driver insurance company?
Short answer: you don't. Many experts would advise you against speaking with the other person's insurance company. While you do need to call your own car insurance company to report the accident, you are under no obligation to talk to the other driver's insurance carrier.
Does police report automatically go to insurance?
Whether the repairs needed are minor or significant; generally, the police do not report the accident to your insurance company. For example, should the other driver (or drivers) choose to report the collision to their auto insurance company, yours will be notified as well, whether you like it or not.
Should I call insurance after small accident?
Yes, you should call your insurance company after a minor accident. You should contact your insurer anytime you're in an accident involving another driver, but it's even more important to call promptly if the accident resulted in property damage or injuries.
Do you call your insurance if someone hits you?
If someone hits your car, you should call your insurance company. And if your claim can't be resolved through the other driver's insurance, reporting the accident to your insurance company is necessary to file a claim using your collision coverage or uninsured motorist protection.
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