When you’ve been injured due to the fault of another driver, an insurance claims adjuster may wish to take your recorded statement. The adjuster will probably call you shortly after taking the insured’s recorded statement in hopes of obtaining your statement as well. Your statement, and the statement from the insured, will both be scrutinized to try to find evidence of shared fault, thus reducing the insurance company’s liability.
Declining to Provide a Statement
The insurance company will compare the statement you give to them with any other statements you’ve made in hopes of finding inconsistencies. Many claims adjusters attempt to get claimants to make statements that are damaging to their claim, and they are experts at doing so. If you’ve initiated a serious lawsuit, it’s pointless to provide a voluntary statement, because your statement will be given at a deposition anyway. Making two statements is very risky, since some details may be in conflict between the two. This gives your opposition the opportunity to attack your credibility. Most attorneys therefore advise their clients against giving recorded statements.
Making a Recorded Statement
Providing a statement does expedite the claims process, leading to a faster settlement. If you do choose to make a statement, you should only state the facts regarding your claim. Prepare an outline to help you recall all of the events in chronological order, and remember that every word you say will become part of your claim. You have the right to record your statement in order to refer back to it later. Should you later give a deposition or testify at trial, you’ll be able to review the statement you gave to the insurance company to ensure that your words are consistent. Tell the adjuster that you will also be recording the statement.
You Need an Attorney
The safest approach is to never give a recorded statement to an insurance company except on the advice of an attorney. You need an experienced legal professional guiding you every step of the way. To learn more, contact the Cain Law Firm to schedule a free, no-obligation case evaluation.