After a car accident, giving a recorded statement to a claims adjuster before speaking with an attorney is often a terrible idea.
If you agree to have a recorded chat with a claims adjuster, you risk having your words used against you in court or during the settlement negotiating process. Insurance adjusters may employ tactics to elicit remarks that unfairly undermine your case.
Should I give my insurance a recorded statement?
While most insurance companies want clients to help in the claims process, a recorded statement is not one of them. The main reason insurance firms prefer recorded statements to waiting for a written statement from the policyholder is that it is usually quicker and faster.
An accident victim can describe the accident orally in a couple of minutes, but providing the same information in writing can take days. Insurance companies are also aware that recorded statements have a higher margin of error, and they may use this knowledge to avoid paying the full amount of a claim.
Do insurance companies take recorded statements?
A recorded statement may be requested by an insurance company in a variety of circumstances. If you reported the collision to your insurance carrier, it may want a statement in order to identify who was at fault. The insurance provider could also want to know the amount of your losses and injuries.
Everyone, including the victim, will be asked to sign an insurance statement by the at-fault company. Its goal is to reduce the at-fault party’s liability and, if feasible, shift some blame to the victim. The at-fault carrier may be forceful, insisting that a statement be produced before the claim may proceed.
What should you not say to an insurance adjuster?
Never apologize or admit any form of wrongdoing. Remember that a claims adjuster is searching for ways to decrease an insurance company’s liability, and any acknowledgment of fault might jeopardize a claim.
Do not declare you are OK or better than you were. This is especially crucial to remember when responding to the customary first question, “How are you?” Make no reference to your current state of health.
Do not make assumptions about any injuries you believe you may have experienced. Your comment could cause complications if your true diagnosis is more serious than your self-diagnosis.
Any offer to make a recorded statement should likewise be declined. During their initial calls, insurance adjusters will frequently try to get victims to give recorded testimonies, claiming that the recording is for the victim’s own safety. Don’t be duped. Conversations that are taped can be used against you in court.
What should I tell my claims adjuster?
Your phone may begin to ring in the hours following a vehicle accident, or any other incident that causes you injury, and the caller may be an insurance adjuster or another representative of the other party involved in the accident. Let’s take a look at what you should say (and what you should avoid saying) to a representative of the other party during your initial post-accident phone contact, especially if you believe that party is to blame for the accident.
Remain Calm and Polite
Even if you are still angry about the accident and your injuries, venting your frustrations on the insurance adjuster will not help you obtain a reasonable personal injury settlement. You never know how or when an insurance adjuster’s good will will pay offin quickly processing your claim or believing your version of a difficult-to-prove issueso it’s always better to retain your calm and remain professional.
Identify the Person You Speak With
Get the name, address, and phone number of the person you’re speaking with, as well as the name of the insurance company he or she works for and the person or business the firm represents, before you start talking about anything (the “insured”).
Give Only Limited Personal Information
You simply need to provide your full name, address, and phone number to the insurance adjuster. You can also tell them what you do for a living and where you work. However, you do not need to explain or disclose anything else about your job, timetable, or money at this point.
Give No Details of the Accident
Insurance adjusters or other representatives may try to get you to “provide a statement” regarding the circumstances surrounding the accident. Alternatively, they may simply strike up a discussion with you in which they subtly try to get you to tell them about the accident. Refuse to reveal any details other than the most basic: where, when, the sort of accident, the vehicles involved if it was a traffic accident, and the identities of any witnesses. Declare that your accident investigation is still ongoing and that you will discuss the details “at the proper time.” You’ll almost certainly write a personal injury demand letter later, in which you’ll outline the accident.
Give No Details of Your Injuries
An insurance adjuster, understandably, will want to know the nature and degree of your injuries. Don’t go into too much detail just now. You might forget something, or you might uncover an injury later, or your injury might be worse than you imagined. If you need to communicate with the adjuster, simply state that you are “still treating” and leave it at that. Learn more about how the value of your personal injury case is affected by your medical treatment.
Take Notes
Write down all of the information you got over the phone, as well as any information you offered to (or requests you made of) the person with whom you spoke as quickly as possible.
Resist the Push to Settle Immediately
During the first one or two phone calls, insurance adjusters may propose a settlement. Quick settlements save the insurance company time and money. More importantly, they persuade you to accept a low-ball offer before you fully comprehend your injuries and the value of your personal injury claim. Don’t fall for the ruse. Collecting a settlement may appear to be a quick way to get compensation without going through the claims process, and the money may be appealing, but it will almost certainly cost you money, possibly a lot of money.
Set Limits on Conversations
Make it plain from the start that you will not be talking much on the phone with an insurance adjuster. You should not only disclose extremely little information in this first phone call, as stated above, but you should also set clear boundaries for any subsequent phone contact.
There are numerous reasons to keep your phone calls with insurance adjusters to a minimum. Some will phone you often in an attempt to get you to settle quickly, and they can be rather annoying. It’s better to deal with this now than than later.
More importantly, you will not be able to provide correct information until you have had a chance to fully investigate and think about the accident, as well as establish the degree of your injuries and other losses (legalese for “damages”). Furthermore, if you provide incomplete or erroneous information over the phone, the insurance company may attempt to compel you to follow it later.
Refuse to Give Recorded Statements
Many claims adjusters will pressure you to give a tape-recorded statement or ask if they can record your phone conversation in the hopes of protecting you afterwards. Do not consent to your communication being recorded. You are under no legal requirement to be recorded, and an adjuster who records you without your permission is breaking the law.
The reason you should decline is because most people become nervous when they realize they are being recorded, and they may forget vital details or describe things in a clumsy or incomplete manner. A verbal statement or conversation is rarely as detailed and thorough as the written communication you’ll provide the insurance company later. Furthermore, recordings are given considerably more weight than they deserve as proof of what occurred. It can be difficult to alter or expound on what you’ve stated in a recording later.
Refuse an adjuster’s request to record your statements politely but firmly. Tell him or her that you are not comfortable with recording and that you will submit your information in writing once it is complete.
What is the purpose of obtaining a recorded statement?
Whether you’ve been wounded on the job, in an auto accident, on a slip and fall, or in any number of other ways, insurance companies take recorded statements as a matter of course in practically every instance. Given the quantity of information the insurance company already has, some people may ask why a recorded statement is required. When people are asked to make a recorded statement, the most typical question they have is something along the lines of, “What could I possibly tell the insurer that they don’t already know?” Probably a lot more than you think.
An insurance adjuster examines medical records, accident documentation, and any other evidence that may be available in order to determine what is known as a settlement amount “Reserve sum.”
A reserve amount is money set aside or otherwise noted by the insurance company’s adjuster as being essential for payment in the claim. An insurance business can better track their assets and obligations by establishing a reserve amount. A serious catastrophic injury accident will have a bigger reserve amount than a minor injury accident. If the accident happened while you were at work or was otherwise related to your job, the adjuster may consult with your boss, supervisor, and any witnesses who witnessed the incident. The adjuster hasn’t done anything, and you’re the one they haven’t heard from.
Your recorded statement may be given greater weight than it otherwise would be in the case of work-related accidents and on-the-job injuries, including work-related diseases and ailments resulting from hazardous exposure. Any work comp carrier’s investigation of the claim will include your recorded statement. Why is your recorded statement so important in a workers’ compensation claim? Because the work comp company is looking for any reason they can use to effectively argue that your claim for work comp benefits should be denied. As you might have guessed, the less an insurance company pays in connection with a claim, the more profitable it is. The work comp carrier takes the premium payments from employers, uses them to cover their operational expenses, and then invests them to generate a return on their investment. A work comp carrier prefers money to flow in one direction only: into their accounts, rather than out of them. Paying less boosts earnings, however needing to pay work comp benefits reduces profits. Employers are often concerned about whether an employee’s injury would increase the cost of their workers’ compensation premiums. As a result, employers, supervisors, and anyone associated with your employer are more likely to falsify the circumstances surrounding your accident and the injuries that occur to the work comp insurance adjuster. Some companies have the incorrect assumption that if they can talk to the adjuster and make it appear like the accident didn’t happen or that the injuries are minor, their work comp premiums would not rise. We’ve seen cases completely rejected because an employer gave misleading information to a workers’ compensation provider. Though we attempt to resolve situations where a work comp adjuster has made a mistake in denying a claim, the fact that they done so delays the injured employee’s receipt of benefits.
Should you tell your insurance company about an accident?
Yes. Regardless of who is at responsibility, each accident involving injuries or property damage should be reported to your insurance company.
It’s a frequent misconception that if you weren’t at fault, you don’t need to call your insurance carrier. This is untrue because your insurance policy contains different coverages that you may choose to employ. So, if you’re wondering what to do after a car accident that wasn’t your fault, keep in mind that you must tell your insurance provider in order to use any of these coverages.
How do I get a recorded statement?
Begin recording. Declare your full name and title, as well as the fact that you are recording a taped statement with another person (state his full name and title as well). Also include the current date and time. Determine the broader issue that has necessitated the creation of this statement.
How do you write an insurance claim statement?
You can send an insurance company notification letter that looks as if it came from an attorney’s office. A well-written letter demonstrates to the insurance company that you understand what you’re doing.
Your notification letter should be straightforward and to the point. Don’t assign blame or go into great detail about your injuries. It’s too soon to know how much your injury claim is worth.
When you’ve recovered from your injuries, fill out your compensation demand packet with all the relevant information.
For your records, make a copy of the signed letter. Attach the certified mail green card to your copy of the notification letter when it arrives, certifying that your letter was received.
Keep copies of all correspondence to and from the insurance company, as well as other necessary paperwork, in your injury claim file.
What questions do insurance investigators ask?
These interviews are essentially “scripted,” and the questions are similar to those you’d find in any initial “interview.”
1. Would you mind telling me your entire name?
2. Are you aware that this interview is being taped?
3. Have you given your permission for it to be recorded?
4. May I share the information with another adjuster if necessary?
5. What is your contact information, including your address and phone number?
6. What is your birth date?
7. What year, make, and model of car were you driving at the time?
8. Are you the vehicle’s registered owner?
9. Did you use the car for any commercial or government purposes?
10. Did you have any youngsters or passengers in your vehicle?
11. When did your accident happen?
13. What was the total number of vehicles involved?
14. On which street did this occur?
15. Did the weather have a role in the collision?
16. Was there mild, moderate, or heavy traffic?
18. What kind of damage did your car sustain?
19. Do you know what kind of damage the other vehicles sustained?
20. Was there any kind of evasive maneuver that could have been used to avoid the accident?
21. Were you under the influence of drugs or alcohol when you made this decision?
22. Did you use any technological gadgets, such as a cell phone?
23. Was there anything in the way of your vision?
24. Do you have any idea how fast the other group was moving?
25. Do you know how fast you can go on that road?
27. Did you have your seatbelt on?
29. Did the cops arrive on the scene?
30. Was a report prepared?
31. Do you have a copy of the report?
32. Did you get a ticket or a citation?
33. Were the automobiles relocated prior to the arrival of the cops?
34. Did the cops take the drivers’ statements?
35. Were there any eyewitnesses to the collision?
36. Do you have the contact information for the witnesses?
37. Were any street signs, poles, or other property damaged?
38. Did you sustain any injuries as a result of the accident?
39. What were the nature of your injuries?
40. Were you flung forward, backward, or sideways at the time of impact?
41. Did you make any touch with the car with any part of your body?
42. Did you experience any ringing in your ears or a popping sensation in your jaw?
43. Were there any deep cuts or lacerations on your body?
44. Did any emergency treatment take place on the scene?
45. Did you have to go to the hospital?
46. Where did you go to the hospital?
47. Were you taken to the hospital by ambulance?
48. How have you been treated since the accident?
49. Do you know your doctor’s name?
50. What kind of treatment are you now undergoing?
51. Do you take any prescription drugs?
52. How would you evaluate your pain on a scale of one to ten, with ten being the worst and one being the least?
53. Have you had any previous injuries that may have reappeared as a result of the accident?
54. Do you know how much your medical costs have cost you thus far?
55. How much time were you out of the office?
57. How do you see yourself fitting in there?
58. Does your position have any physical requirements?
59. Who is your immediate supervisor’s name?
60. Do you have your supervisor’s phone number?
61. Do you get paid on an hourly or salary basis?
62. How many hours each week do you work?
64. Do you receive any bonuses or commissions?
65. Have you been there for a long time?
66. What kind of medical coverage do you have?
67. Can you tell me if any of the other passengers in the other vehicle were hurt?
68. Is there anything else you’d like to say regarding the accident that we haven’t covered that we should know about?
69. Have you answered all of the questions correctly?
70. To the best of your knowledge, is this recording true and correct?
71. Have you given your permission and knowledge for this recording to be made?
72. Could you kindly repeat your name?
Do insurance adjusters lie?
Yes, insurance adjusters are permitted to tell you lies. Many people are even encouraged to do so. When an adjuster knows their driver is culpable for the accident, they may tell you that he or she isn’t. They might say that they haven’t been able to contact the other driver for weeks, or that they’re “still investigating” after two months… They’ll even tell you up front that they’re taking complete responsibility, just to shift 50 percent of the burden back to you once you’ve finished treating and are ready to settle.
The truth is that the insurance company regards you as an easy target if you don’t have an attorney. They’ve defended thousands of cases just like yours and are well-versed in all the tricks of the trade. I strongly advise you to take anything they say with a grain of salt, as someone who deals with insurance companies on a daily basis. Always be suspicious, and never agree to anything in relation to your personal injury claim without first consulting an attorney.