Should I Give A Recorded Statement to the Insurance Company?
Recorded statements are an opportunity for the insurance company to question you on record about the accident and your injuries. Though you can give the insurance company a recorded statement, it is best to consult with an attorney before doing so. Opinions vary as to whether or not giving a recorded statement benefits a claimant. Recorded statements may expedite the investigation and get the case settled quicker. On the other hand, a recorded statement can greatly damage a claim if the claimant says anything damaging in the recorded statement. It is important to have an attorney on your side who you are confident in to help you win.
What is a Recorded Statement?
A recorded statement is an opportunity to explain the the insurance company what did and did not occur in relation to the accident you were involved in. A recorded statement is an important tool adjusters use to evaluate your personal injury claim. Your statements you make can be brought up later to help or hurt your case. It is important to remember the adjuster works for the insurance company, not for you. Many adjusters are very pleasant, but you do not want to get a false sense of comfort by forgetting who the adjuster works for.
Why Do Adjusters Want Recorded Statements?
The adjuster typically hears the at-fault party tell their side of the story. The adjuster also wants to hear the claimants side of the story to get a clearer picture of the incident. The adjuster can use the recorded statement along with witness statements, reports, and pictures to build a better picture of what took place in the accident.
Many adjusters also use the opportunity to build a case for the insurance company to deny the claim or reduce the value of the claim. For this reason, it is recommended to speak with an attorney before giving a recorded statement.
Many Attorneys Advise Against Recorded Statements
There are many reasons attorneys may advise against recorded statements that are not required. Some of these reasons include:
- Adjusters jobs include finding issues in a claimants case
- Adjusters can use your words against you
- Voluntary recorded statements can be used against you in court
These are a few reasons attorneys may recommend against giving a voluntary recorded statement, however, there are many unique reasons people choose to give or not give recorded statements. It is important you have confidence in your attorney and you discuss your options thoroughly.
Some Recorded Statements Are Contractually Required
Typically, when making a claim against your own insurance company, they will raise a contractual obligation you have to give a recorded statement. This obligation may arise in a Cooperation Clause in your auto insurance policy. It is important to discuss your options in these situations with an attorney so that you know your options.
Common Recorded Statement Questions
When giving a recorded statement, there are some common questions that may be asked. Here are a few of those questions:
- Do you understand this is being recorded?
- Do you agree to being recorded?
- Can I record this conversation?
- What type of car were your driving?
- What was the year of the car you were driving?
- Are you the owner of the car?
- How did the accident occur?
- Were you working at the time of the accident?
- Were you driving the car for your employer?
- Were other vehicles involved in the accident?
- Was your car damaged?
- Did you have passengers in your car?
- When did the accident occur?
- Were there any witnesses to the accident?
- Were you using a cell phone during the accident?
- Were you distracted by anything at the time of the accident?
- Was the radio on at the time of the accident?
- What did you do to avoid the collision?
- What are your injuries from the accident?
- Did you have those injuries before the accident?
- Did anyone call an ambulance?
- Were you treated at the crash site?
- Have you seen a doctor since the accident?
- Did you consume alcohol or drugs anytime within twenty-four hours before the accident?
- How are you feeling today?
- Are you currently employed?
- What do you do for work?
- How much money do you make?
- Do you have any chronic conditions, diseases, or injuries?
We are Merck Law, LLC. We are a team of lawyers known for not being afraid to go to trial fighting for the injured, our client. Our team has over 38 years of experience. This could be your first time considering calling an injury attorney. You may be experiencing pain and discomfort. You may be confronting unpaid and unexpected medical bills, time off of work and don’t know what to do or how to proceed. Were you or a loved one injured in a car accident, premise accident, dog bite, shooting, wrongful death, or other incident that was the fault of someone else? Contact us for a free consultation.