After an accident, you may be contacted by an insurance adjuster. You might wonder whether you are obligated to talk to them and whether you should agree to give a recorded statement. An experienced Carlsbad car accident lawyer from Miller & Steele Law Firm can serve as the link between you and the insurance company, so you don’t have to worry about it. Here’s what you should know about recorded statements for accident claims.
What Are Recorded Statements in an Insurance Claim?
It is common after an accident for an insurance claims adjuster to call the claimant to get their side of the story. They need basic information to process the claim and to determine whether insurance applies. Many adjusters have been trained to ask for recorded statements. However, these recorded statements are often used against the claimant.
Common Uses of Recorded Statements After an Accident
Insurance companies may use recorded statements in a number of ways to damage your claim, such as:
- Getting you to admit that you weren’t seriously injured to minimize your claim
- Using a statement that you are “fine” to mean that you were not injured at all
- Locking in testimony that later contradicts the facts to question your credibility
- Trying to get you to admit fault for the accident to minimize your claim’s value or deny it altogether
- Asking misleading questions as a way to unscrupulously handle the claim
Our experienced legal team can handle communication with insurance companies so you don’t say anything that could harm your Carlsbad personal injury claim.
Should I Give a Recorded Statement?
Whether you should give a recorded statement may depend on who is asking for it.
Your Insurance Company
Your insurance contract may require you to cooperate with your insurance company when making a claim. It may explicitly state that you must give a recorded statement. While the insurance company can’t force you to make a recorded statement at the time of making the claim, there could be consequences to not providing such a statement, such as your claim being denied or your insurance policy being canceled. An experienced attorney can review your insurance contract to determine if you have a “duty to cooperate” and whether this duty requires you to provide a recorded statement.
The At-Fault Driver’s Insurance Company
While you have a contractual relationship with your insurance company and may be obligated to provide a statement, the same is not true of another driver’s insurance policy.
If the insurance company is asking for a recorded statement after an accident, your legal interests are best served by consulting with an experienced car accident lawyer. A lawyer can advise you of your legal rights and obligations and handle communication with insurance companies. This protects your rights and gives you the space and time you need to heal. Call Miller & Steele at (760) 840-5221 or contact us online to get started with a free case review.