As a general rule, you should not provide anyone a recorded statement about a car accident without first consulting an attorney. You should also avoid making an oral comment. Put yourself in the shoes of the insurance company to see why making a statement is not in your best interest. The goal of an insurance firm is to make money for its owners. Every dollar it pays out in claims to people like you is money that the insurance company loses. As a result, every insurance company employee’s first priority is to decrease the amount of money paid out in claims, which includes your claim.
The insurance company must deny claims in order to limit the amount of money paid out in claims. Employees at the organization will look for reasons to deny your claim in order to accomplish this. They may rely on your taped statement for this. How?
- Employees of the insurance company will compare your statement to other statements you’ve made, such as statements made to an investigating police officer or statements made during a deposition in a lawsuit originating from the accident. The firm will claim you lied if they find contradictions in your various accounts which is not uncommon when someone repeats the narrative of his accident more than once, often weeks or months apart. As a result, the corporation may reject your claim.
- Employees from insurance companies will ask questions in such a way that they trap or manipulate you into giving answers that are detrimental to your case. You may not even be aware that this is taking place at the moment. They may try to persuade or bully you into accepting facts that you aren’t sure are correct. To get the questioner off your back, you say, “I think so.” That “I think so” can, unfortunately, come back to haunt you later.
- Employees from insurance companies may persuade you to make remarks that make you appear to remember less than you actually do. They may remark something like “I assume it all occurred extremely fast.” before they start recording you. It was probably all a haze to you. You were undoubtedly quite rattled up after that. Doesn’t it make it harder to recall exactly what happened?” Then you might make claims that make it seem like you don’t remember what happened.
- In a case, your recorded statement can be used by defense counsel to cross-examine you at trial or at your deposition. It’s possible that you don’t recall exactly what you stated in your statement. As a result, you may find yourself contradicting yourself. Despite your belief that the discrepancy is insignificant, the defendant’s lawyer will emphasize the significance of your misstatement to a jury and use it to persuade the jury that your testimony is untrustworthy.
The basic line is that you should never provide an insurance company representative a recorded statement without first consulting an attorney. Be nice yet firm while declining the representative’s request. Keep in mind that they are employees of the insurance business and represent only the company’s interests – not yours no matter how polite and personable they are when speaking with you.
Editor’s Note: Under Virginia law, if you give the insurance company a recorded statement by mistake, you are entitled to a copy if you request it. (Section 8.01-417 of the Virginia Code).
Elizabeth Morrell is the author of this book. Allen and his law company, Allen & Allen, have been practicing personal injury law for almost 30 years. Beth worked as a branch manager for the firm’s Petersburg, Virginia office from 1988 to 2004.
Should I give a recorded statement to my own insurance company?
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.
Why does my insurance company want a recorded statement?
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.
Should you give a statement to other insurance company?
There are several measures to take and requirements to follow after an automobile accident. It can be intimidating if you have never gone through the procedure before, and you may not understand exactly what is expected of you.
The insurance company for the other motorist will contact you, but what if they request a recorded statement? It’s possible they’ll tell you it’s essential in order to process your claim. That isn’t correct. You are under no duty to provide a statement to the other driver’s insurance company. You should consult with an attorney before making a recorded statement regarding an automobile accident.
Call Zinda Law Group at (800) 863-5312 for a free consultation with a competent car accident attorney if you or a loved one has been harmed in an auto accident.
Your Statement Can Be Used Against You
Any statements you make to the other person or their insurance company can be used against you in the claims process or, if necessary, at trial. Insurance companies are seeking for new ways to deny claims, and your recorded statement can help them do so.
Insurance companies will look for discrepancies between your recorded testimony and previous statements you made to cops or in a deposition. These businesses will also ask you questions in order to deceive you into giving answers that would undermine your claim.
The insurance adjusters will appear to be assisting you while, in reality, they are attempting to get you to say what they need to hear in order to deny your claim.
How Should I Respond to Their Request?
When they ask whether they can record your statement, they will most likely be kind and courteous, so politely decline. Hold your position and refuse to give a recorded statement if they try to persuade you otherwise.
Even if you say no, they will try to persuade you that it is the appropriate thing to do in order to expedite your claim. Refrain from giving in and stick to the essentials: your name, address, phone number, and occupation.
Inform the insurance adjuster that you will provide a written statement later. Unless you’ve spoken with an experienced vehicle accident attorney, try not to divulge too many facts regarding the collision.
What If My Insurance Company Asks for a Recorded Statement?
Your policy may oblige you to comply if your insurance company requests a recorded statement.
It is appropriate to ask the insurance adjuster to bring out the text in the contract you signed that requires this before making the statement.
Get Help from Experienced Auto Accident Lawyers
Our car accident lawyers at Zinda Law Group have helped thousands of automobile accident victims collect compensation for damages like as medical costs, property damage, lost wages, pain and suffering, and more.
We will fight tooth and nail to safeguard your legal rights, and as a client, you will not be charged anything unless we reach a positive settlement, judgment, or verdict.
For a free consultation with one of our experienced car accident lawyers, call Zinda Law Group at (800) 863-5312.
What do insurance companies do with recorded statements?
The insurance company uses a recorded statement for an insurance claim to better understand what transpired in the accident and calculate how much coverage is needed.
Why is a recorded statement required by the insurance company? If you are not careful, the statement you provide will be recorded and written down as fact, which can be used against you later.
The insurance adjuster you speak with may be kind and approachable or cold and formal. To them, you’re just another name and number in a file that needs to be processed as soon as possible.
The adjuster may try to catch you off guard by asking you vague or specific questions to which you don’t have solid answers in order to make you appear unsure and hence paint your claim as untrustworthy. These questions are designed by insurance firms to entice you to provide information that you are not legally required to disclose at the time (such as medications you take or past medical history).
Can I refuse a recorded statement to insurance company?
When insurance adjusters try to contact you, they frequently expect you to deliver a statement without question. This, however, can be a major blunder. If you don’t have legal representation, you have the right to refuse to give a recorded statement.
When insurance adjusters approach you for a recorded statement, tell them to contact your lawyer so that your rights are fully protected. The insurance adjuster cannot use your statements against you if you hire a lawyer.
If you are involved in an uninsured driver collision or have a claim involving medical payments or property damage, you may be required to produce a recorded statement to your own insurance company. You are not required to provide a recorded statement to a third-party liability insurer, and you should never do so without first consulting with legal counsel.
What should you not say to an insurance company?
Many people already know this, but it’s worth repeating: you should never accept fault. “It was my fault,” “I’m sorry,” and “I apologize” are all expressions to avoid. Don’t apologize to your insurance company, the other driver, or the police.
These words and phrases will be used against you even if you are only being nice and not knowingly admitting blame.
I think
Always stick to the facts while dealing with insurance providers. Make no statements that begin with “I believe” or “in my view.” If your insurer asks you a subject about which you are unsure, don’t respond with a guess or an opinion.
Any of your responses could be used to refute your assertion, so don’t say anything that isn’t true.
I’m fine
If you’re asked about your injuries, don’t declare you’re alright or that you haven’t had any until you’ve seen a doctor. Some injuries may not be obvious right once, and adrenaline may prevent you from experiencing them at all.
After an accident, arrange an appointment with a doctor and create a list of any injuries that are discovered. Also, don’t sign any medical releases until you’ve spoken with your lawyer.
Names
Give no names or contact information for others to your insurance carrier, including family members, friends, or your doctor. Insurance companies may attempt to contact these people in order to obtain additional information about the accident and your rehabilitation.
Recorded statements
Only the insurance company’s interests, not yours, are served by recorded statements. Inconsistencies and contradictory information are thoroughly reviewed in recorded statements. Keep in mind that you are not required to submit a recorded statement because information you supply may be taken out of context and used against you.
If your automobile accident lawyer tells you to, just give an official recorded statement.
Unnecessary details
Don’t give out information that hasn’t been requested. If you’re not asked how fast you were travelling, for example, there’s no need to say anything. Don’t say anything about your automobile being customized or that you’re using it for ride-sharing. Keep superfluous details to yourself because they could be used against you.
I don’t have an attorney
Insurers may try to take advantage of you if they know you don’t have a personal injury attorney. If you don’t have an attorney, don’t say anything about it and obtain legal advice as soon as possible.
This information may lead to insurance treating your claim with more care and respect if you have a car accident attorney.
I accept
Your insurance company may try to make you a rapid settlement, but these are nearly always lowball offers that they hope you’ll take out of desperation. Before accepting a settlement, contact a skilled automobile accident attorney who will be able to negotiate a fair settlement on your behalf.
I have whiplash
People attempting to file false claims frequently say, “I have whiplash.” As a result, whiplash is a huge red signal for insurance companies, prompting them to investigate your claim further. Do not claim to have whiplash unless a doctor has diagnosed it.
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.
What should you not say to an auto 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.
Do insurance companies record every call?
For a variety of reasons, including regulatory, legal, training, and quality control, many insurance companies record consumer calls. Customers’ sensitive information is routinely recorded when they disclose personal information over the phone when making a payment, checking on a claim, or enrolling in a new plan.
Do I have to give a recorded statement to my insurance company California?
If the negligent driver’s insurance company requests you to submit a recorded statement, you should contact an experienced automobile accident lawyer right once. Allow him to handle all of your communications. He can also help you negotiate a settlement so that you get the full amount of money you deserve.
Download my free book, The 10 SECRETS You Need to Know About Your Injury Case BEFORE You Call a Lawyer, to discover more about the car accident claims procedure. Then, start a live chat or fill out my simple online form to schedule a free consultation and learn more about my significant expertise representing automobile accident victims.