Should I Give a Recorded Statement to the Other Insurance Company?
After you have been involved in an automobile accident, talking to the insurance company may not be the first thing on your mind. If you have been injured, your primary focus will likely be ensuring that you are seen by a doctor, evaluated, and prescribed a treatment regimen that can help you get back on track. But what if you get a phone call from the other person’s insurance company requesting a recorded statement? You probably think that just getting this done will get your case over with sooner. That isn’t always the case, which is why you should contact an experienced Memphis car accident attorney to properly guide you.
What is a Recorded Statement?
A recorded statement is exactly what it sounds like. It is a statement about the details of the auto accident given to the liability insurance company that is recorded. You will be “sworn in” for questioning and your answers will be recorded on tape. The liability insurance adjuster will typically ask you questions about the accident itself, such as when, where, how, and why the accident happened. The purpose of these questions is to determine liability – in other words, who was at fault for the crash. The liability insurance adjuster may also ask you questions about your injuries, medical treatment, and past medical history. What you may not know and what the insurance adjuster will not tell you is that the recorded statement can be used against you at a later date. Remember, the liability insurance company is adverse to you and is acting on behalf of its insured.
How Can a Recorded Statement Be Used Against Me?
In a car accident recorded statement for the other driver’s insurance company, the questions that are asked are typically meant to undercut a determination of liability on the part of their insured. Insurance adjusters may try to contact you early on in the process, before they think you have had time to hire an attorney and get legal advice. The goal is to catch you off guard so that you may admit partial fault for the auto accident – on the record. Remember, you are making a claim against the insurance company, and their money will ultimately provide compensation for getting your car fixed, medical bills paid, etc. By taking your recorded statement before you hire a lawyer, the other insurance company can seek to limit what they eventually have to pay out.
If you have already given the responding police officer a statement regarding the accident, it is likely that the statement is more accurate since it was taken immediately after the auto accident. However, the insurance company may use both the police report and the recorded statement as a tool against you if the two are not a perfect match. The insurance adjuster will bring any discrepancies to the forefront and could attempt to paint a picture of untruthfulness. This is not an image that you want portrayed to a judge or jury. You should consult with legal counsel of your own before giving any statement (oral, written, or recorded) to other driver’s insurance company, as it could significantly impact your ability to recover compensation later in your case.
Sometimes, the police report may not be clear. A legitimate dispute could arise as to exactly what happened. Insurance companies do have the right to conduct an investigation, and they may require a statement before fixing your car or accepting responsibility for their insured’s actions. On behalf of car accident victims in Memphis and elsewhere, our attorneys provide guidance through the process of giving a recorded statement in situations where the other insurance company requires it as part of their investigation.
Consult with an Experienced Auto Accident Attorney Before Giving a Recorded Statement
Each auto accident is different and so are the facts. Insurance adjusters interview injured car wreck victims each day, and they are much more experienced than someone who has never had to give a statement before. At Nahon, Saharovich & Trotz, our attorneys walk our clients through the process of preparing for a recorded statement and are there provide legal guidance and assistance along the way. We are committed to ensuring that our clients’ best interests are at the forefront of our representation. The insurance companies have their team of adjusters working to protect their interests, and you should have someone on your side protecting your interests as well. With over 30 years of experience, we have assisted numerous clients through the investigation phase of a car accident insurance claim. Before giving a recorded statement to the other insurance company, give our team of experienced personal injury attorneys a call at 800-529-4004 or complete our online form. We represent injured car and truck crash victims throughout the south in Tennessee, Mississippi, Kentucky, Arkansas, and Missouri, including Memphis, Knoxville, Nashville, Chattanooga, Jackson, Tupelo, Oxford, Starkville, Meridian, Little Rock, Jonesboro, Hayti, Sikeston, Cape Girardeau, and Paducah. We will ensure that you are not taken advantage of during a recorded statement and are fairly compensated for your injuries. After speaking with one of our attorneys, you will see that NST is the way to go!