To give a recorded statement after a car accident or not to give a recorded statement after an accident. That is the question.
After you have been in a car accident you will get a call from the insurance adjuster of the other driver insisting that you give a recorded statement.
They will give you a lot of excuses about why you have to give them a statement. They will tell you that they just need the statement to clarify who was at fault. They will tell you that it is ok for you to give them a statement since you have nothing to hide. If they are unethical, they will tell you that you are required to do a statement.
JUST SAY NO!
If you receive a call from the other driver’s insurance company requesting a recorded statement—just say no…courteously.
You are not required by law to make a recorded statement to the other driver’s insurance company unless court ordered to do so.
You should courteously decline. Just tell them nicely that you do not feel comfortable giving them a statement without the advice of counsel and that you will contact them to schedule if your decision changes.
WHY DOES THE INSURANCE ADJUSTER REALLY WANT YOUR STATEMENT?
The insurance adjuster really wants your statement so that they can find a reason to give you less money.
Remember who you are dealing with. You are dealing with an employee of a major conglomerate. These people have stock holders to answer to. Their job is to make money and keep money for those stock holders.
Every dollar they keep you from getting is a dollar that can be given to the stock holders.
Many adjusters are punished and reprimanded for going over a certain dollar amount when settling claims.
BUT I DON’T HAVE ANYTHING TO HIDE!
It’s not about having anything to hide.
Many times when people tell a story about something that has happened they leave out details.
They leave out details sometimes because they are things that the person may not think are significant. But, it turns out that the detail left out was something significant.
It is next to impossible to come back later to add to or explain a response given in a recorded statement.
Many times the adjuster will just say that it is a conveniently added fact. They will try to say that you are not telling the truth, but you added the fact or explanation in order to make your claim seem better.
ANYTHING YOU SAY CAN AND WILL BE USED AGAINST YOU.
I am sure you have heard the phrase “Anything you say can and will be used against you in a court of law.”
You have probably most frequently heard it in the context of someone being charged with a criminal offense.
Well, this statement is true for a car accident case as well.
If your case ends up going to trial the recorded statement you gave may be used to impeach you on the witness stand if your testimony on the witness stand does not exactly line up with your recorded statement.
You have the right to remain silent. You should use it until you have been advised by a car accident lawyer on what to say, what not to say, or whether to say anything at all.
WHAT ABOUT MY OWN INSURANCE COMPANY?
You are usually obligated by your contract with your insurance company to give a recorded statement.
If your insurance company asks you to give a statement you should make sure that you are prepared and have a good command of the facts before giving it.
Your insurance company is not always on your side so remember that when giving them a statement.
Here are some basic things to know and do before giving your insurance company a recorded statement:
Read the police report before you give the statement;
Make sure you know which street you were on, which lane you were in and which direction you were traveling;
Make sure you know which street the other driver was on, which lane the other driver was in, and which direction the other driver was traveling;
Make sure you know what time of day it was and the road condition;
What was the flow of traffic;
What speed were you going and what speed the other driver was going approximately;
What distance was each vehicle from one another;
The names and contact info for any witnesses; and
Any other details relevant to the actions taken by everyone involved.
Don’t be bullied into doing something that you do not understand or do not feel comfortable with. Take your time. Research your options and prepare yourself. Then make an informed decision.
