don't agree to provide a recorded statementA common mistake that car accident victims make is agreeing to give a recorded statement to the negligent driver’s insurance company. You are not required to give one to settle your claim, and you should not agree to this request. 

What Is a Recorded Statement?

A recorded statement is a session where the insurance adjuster asks you questions about your car accident and the injuries you suffered. The session is recorded and later transcribed into a written document. Your answers can be used against you in settlement negotiations or in court if you must litigate your claim.

Three Reasons Not to Agree to Give a Recorded Statement

While some insurance adjusters will use a recorded statement to investigate an auto collision claim, others will use it to try to use it to deny a claim or reduce the amount that the insurance company must pay in a settlement. Even if you have nothing to hide and are being careful, you could say something that could hurt your case. Here are three ways that this could happen:

  • Inconsistent statements. The insurance adjuster would look for statements you made about the crash or your injuries in the recorded statement that are inconsistent with the statements you gave to the police, your doctor, and others. He may try to use this information to argue that you are not believable.
  • Trick questions. The adjuster is skilled at conducting a recorded statement session and may ask trick questions designed to get a certain response from you. You could say something that you do not mean even if you listen to the questions carefully before answering.
  • Incomplete information. A recorded statement is often requested soon after a car accident. At this early stage of your medical treatment, you cannot know the true seriousness of your injuries, treatments you will need, or how long it will take you to recover. Any answers you would give to these questions would be incomplete and may not be accurate.

What Should You Do If You Are Asked to Give a Recorded Statement?

You should retain an experienced car accident attorney immediately if the negligent driver’s insurance company asks you to give a recorded statement. Let him handle all communications on your behalf. He can also negotiate your settlement so that you receive the full compensation you deserve.

Start learning about the car accident claims process by downloading my free book, The 10 SECRETS You Need to Know About Your Injury Case BEFORE You Call a Lawyer. Then, start a live chat or fill out my convenient online form to schedule a free consultation to get your questions answered and find out about my extensive experience helping car accident victims.

Mark Blane
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San Diego Personal Injury Lawyer | California Car Accident Attorney