It's one of the first things an insurance adjuster will ask for: 'I just need to get a quick recorded statement to start your claim.' It sounds innocent enough. You have nothing to hide, right? Wro...
It's one of the first things an insurance adjuster will ask for: 'I just need to get a quick recorded statement to start your claim.' It sounds innocent enough. You have nothing to hide, right? Wrong. Giving a recorded statement without legal counsel is one of the biggest mistakes you can make in a personal injury case. That recording is not for your benefit; it is evidence being gathered for the defense.
The Goal of the Statement
The adjuster's goal is to lock you into a version of events before you have all the facts. They want to get you to admit fault ('I looked down for a second'), minimize your injuries ('I'm just a little sore'), or give inconsistent details that they can use to attack your credibility later.
Leading Questions
Adjusters are skilled interviewers. They use leading questions to put words in your mouth. For example, 'So you didn't see the car until it hit you?' implies you weren't paying attention. A simple 'yes' or 'no' can be twisted to mean something you didn't intend.
You Don't Know the Full Extent of Injuries Yet
In the days after an accident, adrenaline masks pain. You might feel fine or just stiff. If you say on tape 'I'm not injured,' and then wake up two days later with severe back pain, that recording will be played back to a jury to prove you are lying or exaggerating.
Your Legal Rights
You are generally NOT required to give a recorded statement to the other driver's insurance company. You can simply say no. With your own insurance company, you have a duty to cooperate, but you have the right to have your attorney present. We can schedule the statement for a later date and prepare you for it.
What to Do Instead
Politely decline. Say, 'I am not comfortable giving a recorded statement at this time. I would like to speak with my attorney first.' Then call us. We will handle all communication with the insurance company so you don't have to worry about saying the wrong thing.
Contact Emas Law Group Today
Your words have power. Don't give the insurance company ammunition to shoot down your claim. Protect your rights by keeping your mouth shut until you have a lawyer by your side. Contact Emas Law Group immediately after an accident.
Frequently Asked Questions
Can they deny my claim if I refuse?
The other driver's insurance cannot deny the claim solely because you refused a recorded statement. Your own insurer might threaten to, but your lawyer can manage this requirement.
What if I already gave a statement?
Don't panic. Tell your lawyer immediately. We can request a transcript of the statement and work to mitigate any damage done.
Is a written statement better?
Sometimes, but it should still be reviewed by a lawyer. Written words can be twisted just as easily as spoken ones.