QuestionQUESTION: I had been involved in an auto accident in which the other driver was at fault. I gave my recorded statement to her insurance company which I now feel was inadequate and did not include as many details as I wanted to include. During the time of the first recording, i was not really thinking about every single thing I could have said about the accident, i just talked about the gist of things. I tried to get a hold of them and they are now closed but I was wondering if it was possible to add on to a recorded statement or if the first time around was the only time I could give my side of the story. Thank you very much for your time.
ANSWER: Recorded statements are not normally relied upon very heavily, contrary to what one might believe. I don't think you have anything to worry about. If you need to add to your statement, you can definitely add to it. Whether or not they will amend the recording is up in the air. Your statement is your statement, even if it is more than what is on the recording. Don't worry about it, just add what you want when you speak to the adjuster again. If they re-record, fine, if they don't, then don't worry, your statement will still be relevant. If you want, you can write out a statement and send it in, and in that way, you can be sure to include what you want, and it will be documented.
I hope this helps!
---------- FOLLOW-UP ----------
QUESTION: Thank you so much for your prompt response, it did help a lot. I forgot to mention the fact that the other driver is now blaming the accident on me when it was clearly her fault. I have photos of both cars that, to me, justify who's fault it was. The reason I asked about changing my recorded statement was because I wanted to include more details, such as the possibility of the other driver talking on her cell phone while she hit me, and the fact that she seemed spaced out and under the influence of alcohol, drugs, or medication. If her insurance company doesn't provide me with compensation for repairs in the end, would it be a wise idea to take this to a small claims court? I think it is so immoral that she is turning this around and saying it is my fault when it was her mistake. I have a completely clean driving record, never have been pulled over, or been the one to cause an auto accident. So my question is, how would her insurance company most likely handle the situation since THEIR client is saying it is the other driver's fault and they would most likely take their own customers word for it (right?). Also, I was wondering if it would or would not be a good idea to take legal action against the other driver. Thank you so much once again.
AnswerOkay,
Let me tell you, I have heard this story a million times. The problem lies in evidence. Unless you just happen to get a very nice adjuster, you are probably in for a battle. I will give you an example:
1. You say the other driver was talking on her cell phone? So what? That is simply circumstantial evidence that she might not have been paying attention, and, it also sounds a little like you are fishing for a reason. Not many people are aware enough to see if another party is on the phone, and if you are that aware, why could you not avoid the accident?
2. You say she seemed spaced out and under the influence of alcohol, drugs, or medication? Maybe she was in shock from the accident. What do the police say? Was she arrested? Is there any evidence other than your opinion of her odd behavior?
I hope you get the point. Your driving record is not relevant either. Judges and adjusters look for direct evidence. The damages are not evidence either, in fact in many courts, pictures of damages are not allowed for determining fault unless you have a scientific (and expensive) accident reconstruction report performed. If you are sure that you can win the case, then small claims court is always a great option. I can't give legal advice, but I will say that those people that fight for what is right, usually get more for their time than those that don't. Insurance companies count on people not fighting. In my experience as an adjuster, 90% of people will think about and threaten suit, but only 10% actually have what it takes to follow the threat up with action.
Information is always free at Petty Details, LLC.
JP
