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).
What does a recorded statement mean?
A recorded statement is an insurance adjuster’s question and answer session that is tape recorded and later utilized to create a written document. It can be completed over the phone or in person, usually at the office of the insurance adjuster. You don’t want to agree to give one even if you know you done nothing wrong and have nothing to hide. Why? The adjuster may get you to say something you didn’t mean or that is detrimental to your case.
Why does my insurance 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.
Do I have to give my insurance a recorded statement?
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 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 in a recorded statement for insurance?
Many claim adjusters use taped comments to try to catch claimants off guard and get them to say things that would harm their case. If you are unhappy, disoriented, using medicine, lacking sleep, or in extreme pain, never submit a recorded statement or answer any questions from the insurance company.
Why should you not give a recorded statement to the insurance company?
It can be a nightmare if you’ve been hurt in a vehicle accident, tractor trailer accident, or drunk driver accident. Most likely, all you want to do now is put it all behind you and move on.
If the responsible party’s insurance company contacts and requests a recorded statement from you, it may appear to be a legitimate request. The agent will most likely claim that they are trying to piece together the circumstances surrounding the accident. Giving a statement, on the other hand, might be a slippery slope that is best avoided because their ultimate purpose is to reduce their culpability for your injuries and hence the amount they pay out.
The adjuster will convey the request in a polite, casual manner, as if it were no big issue, because he or she has been trained to take such statements. And, from your perspective, you may believe that working with them will speed up the processing of your claim. So, should you give an oath that will be recorded?
As experienced Richmond personal injury attorneys, we advise against it because a recorded statement can be used against you in a variety of ways if your case goes to court. You are under no legal responsibility to give a statement to an insurance company that is not your own, and any adjuster who tells you otherwise is lying.
Here are five reasons why providing an insurance adjuster a recorded statement is a terrible idea:
- Your recorded statement can be used against you and your case, and it most likely will be. It’s like a police interrogation in that “whatever you say can and will be used against you in a court of law.” An wounded party rarely benefits from a recorded statement. Because any statement, whether recorded or not, might have a substantial influence on your claim, we strongly advise you to seek legal advice before making one. Your lawyer will explain your legal rights to you and point out elements that could influence a future case.
- Because the entire amount of your injuries may not be visible right now. When you’re in an accident, the adrenaline rush that follows can cause symptoms to surface later or disguise the severity of your injuries for many days. However, the insurance company may contact you within 24 hours after the accident to urge you to describe your injuries in order to avoid a protracted process. At this point, it’s preferable to concentrate on the property damage.
- Insurance companies will compare your statement to your previous statements. Even if you’re still shaken, you’ll make a statement to the police shortly after an accident occurs. If you file a lawsuit, you’ll have to give a deposition to opposing counsel describing the accident and the events that led up to it. If you additionally give the opposing insurance company a recorded statement, all three statements can be examined for contradictions. Even if you didn’t tell a different version of the tale on purpose, the opposing insurance company may be able to identify even a little difference in three distinct statements made at different times, which might undermine your case.
- Insurance adjusters can dupe you into delivering comments that are detrimental to your case, and you won’t even realize it. The adjuster has probably performed hundreds of interviews and knows just how to phrase certain questions in order to elicit a response that will allow them to reject liability for your injuries. For example, if they are persistent in repeating the same question regarding a certain component of the accident, and you finally say, “Maybe” or “I guess so” to get them off your back, it’s on the record and that response might be used against you in court.
- It’s possible that your recording will be utilized in court. Even if you think you’ll come across as completely rational and courteous, whatever you say could come back to bite you. Furthermore, you may be on painkillers as a result of your injuries, which may cause you to slur your words or remember the accident differently. A seemingly insignificant inconsistency might be used to invalidate your entire testimony.
When your own insurance company requests a recorded statement, this regulation does not apply. If asked, you may be forced to comply. Even if your own insurance company is ostensibly on your side, your remarks could be used against you if the insurance company’s attitude shifts to one that is detrimental to your best interests. A statement cannot be amended once it has been recorded.
How do I get a recorded statement?
Begin recording. Declare your entire 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.
Should I give a statement to the 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.
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.
What should I say to my insurance company after an accident?
If you’ve been in a car accident, you’re likely to be under a lot of stress right away, and you won’t be able to think properly. Your immediate medical demands should be your top priority; this is the most crucial task you should be concerned with. You can then contact your insurance carrier to notify them of the accident once your medical needs have been fulfilled and you are safely back at home.
Of course, you should always tell your insurance company the truth. This needs to be grasped. However, there are some things you shouldn’t tell your insurance provider and others you shouldn’t say at all. You must safeguard your interests, particularly your capacity to collect adequate compensation for the losses you have experienced. You’ll be in a lot better position to get that compensation if you know what to say and what not to say.
You might be surprised to learn that your insurance provider isn’t on your side. When it comes to paying out on any policy that they underwrite, they have quite different objectives. It’s wonderful to believe that your insurance company is simply concerned with your best interests, but the truth is that they are only concerned with their own, paying out as little as possible on every claim for every policy.
An insurance firm makes money by collecting premiums for the insurance plans that they sell. The claims that they have to pay out on counterbalance that income. Knowing this, it’s understandable that they’d like to save as much money as possible, which means paying out as little money as possible on claims.
The following is a list of things you should never tell your insurance provider. You should always be truthful, but you don’t have to divulge anything beyond the most basic details.