Shaaban & Biedgoly
If you’ve been involved in a car accident or motorcycle accident, one of the first things you might face is a request from an insurance adjuster asking for a recorded statement. This can seem like a harmless request, especially if you feel like you’re being honest and upfront about what happened. However, providing a recorded statement to an insurance company, whether it’s your own or the other driver’s insurer, can have significant consequences that you may not anticipate.
In this article, we’ll explain why you are not required to give a recorded statement to insurance companies after a car accident or motorcycle accident. We’ll also cover how such statements can be used against you, what to do when asked for one, and why hiring a personal injury attorney is a smart decision in these situations.
What is a Recorded Statement?
A recorded statement is exactly what it sounds like—an audio recording of your account of the car accident or motorcycle accident. It’s often requested by an insurance adjuster, and they may ask for this statement over the phone or in person. While the request may seem innocent or even routine, it’s essential to understand the reasons why insurance companies want these statements.
Insurance adjusters are trained professionals who work for insurance companies, and their primary objective is to minimize the amount of money their company has to pay out on claims. They are not on your side, even if they seem friendly and helpful. The purpose of the recorded statement is to find inconsistencies or ambiguities in your story that can be used to reduce or deny your claim.
Do You Have to Give a Recorded Statement?
The simple answer is no—you are not legally required to give a recorded statement to an insurance company after a car accident or motorcycle accident. Whether it’s your insurance company or the other party’s insurer, you have the right to refuse this request.
In fact, it’s generally advisable to avoid giving a recorded statement, especially without first consulting with a personal injury attorney. Insurance companies may imply that it is mandatory or that not providing one could negatively affect your claim. However, this is not true, and you should never feel pressured into providing a statement without fully understanding the potential consequences.
Why Insurance Companies Want Recorded Statements
There are several reasons why insurance companies push for recorded statements following a car accident or motorcycle accident. Let’s take a closer look at these reasons:
1. To Lock You Into a Version of Events
When you give a recorded statement, the insurance adjuster is trying to get a definitive version of events from you early on in the claims process. This can be problematic because, in the immediate aftermath of an accident, you might not fully recall all the details, or you may still be in shock. If your memory later improves or you recall new information, the recorded statement can be used to challenge any changes to your story.
2. To Find Inconsistencies
Insurance adjusters are trained to pick up on inconsistencies between your recorded statement and any other documentation or witness statements. If any aspect of your statement contradicts other evidence, no matter how minor or unintentional, the insurer can use this against you to argue that you are not being truthful or that you are exaggerating your injuries or the circumstances of the accident.
3. To Use Your Words Against You
A recorded statement can be carefully picked apart and used to downplay the severity of your injuries or to suggest that you were partially or entirely at fault for the car accident or motorcycle accident. For example, an offhand comment about how you feel fine immediately after the accident could be taken out of context to argue that your injuries are not as severe as you claim. Even an innocent comment like “I’m sorry” can be twisted to suggest that you are admitting fault.
4. To Reduce or Deny Your Claim
Ultimately, insurance companies are in the business of making money, and paying out claims reduces their profits. By obtaining a recorded statement, they may look for any opportunity to reduce the amount they have to pay you. In some cases, they may even try to deny your claim altogether based on the information provided in the recorded statement.
What to Do If Asked for a Recorded Statement
If you’ve been asked to provide a recorded statement after a car accident or motorcycle accident, it’s crucial to handle the situation carefully. Here are some steps you can take:
1. Politely Decline the Request
You are well within your rights to refuse a request for a recorded statement. When the insurance adjuster asks for one, simply let them know that you are not comfortable providing a recorded statement at this time.
2. Seek Legal Advice
The best course of action after a car accident or motorcycle accident is to consult with a personal injury attorney before speaking with any insurance company. Your attorney can guide you on what information to provide and can handle all communication with the insurance company on your behalf.
3. Provide Written Statements When Necessary
While you should avoid recorded statements, it may be necessary to provide a written statement at some point during the claims process. Your attorney can help you prepare a written statement that accurately reflects the facts of the accident without exposing you to unnecessary risk.
4. Stick to the Facts
If you must speak with an insurance company, whether in writing or verbally, stick to the basic facts of the accident. Avoid giving opinions or speculating about what happened. For example, you can provide basic information such as the date, time, and location of the accident, but avoid discussing fault or the extent of your injuries without legal counsel.
How Recorded Statements Can Hurt Your Claim
Now that we’ve covered the reasons why insurance companies want recorded statements, let’s take a closer look at how these statements can hurt your car accident or motorcycle accident claim:
1. Discrepancies Between Your Statement and Medical Records
In some cases, you may not realize the full extent of your injuries until days or even weeks after the accident. If you give a recorded statement immediately after the accident and downplay your injuries, this can later be used to argue that your medical condition is not as serious as claimed.
2. Contributory Negligence
Insurance adjusters may ask questions that are designed to get you to admit partial fault for the accident. For example, they might ask leading questions about your speed or attention at the time of the accident. Even a minor admission of fault can reduce the amount of compensation you are entitled to under California’s comparative negligence laws.
3. Emotional Distress and Trauma
After a traumatic car accident or motorcycle accident, you may not be thinking clearly, and you may inadvertently say things that hurt your case. For example, if you are in shock or stressed during the conversation, you might downplay certain injuries or provide inaccurate details. The insurance company can later use this against you to challenge the credibility of your claim.
Why You Should Hire a Personal Injury Attorney
One of the most important reasons to avoid giving a recorded statement after a car accident or motorcycle accident is that an experienced personal injury attorney can handle communications with the insurance companies for you. Here’s why this is crucial:
1. Legal Knowledge and Experience
A personal injury attorney understands the tactics insurance companies use to reduce or deny claims. They will ensure that your rights are protected and that the information you provide to the insurance company is accurate and in your best interest.
2. Negotiating a Fair Settlement
Insurance companies are often more willing to negotiate a fair settlement when they know that a personal injury attorney is involved. Your attorney will work to ensure that you receive compensation for all of your damages, including medical expenses, lost wages, pain and suffering, and property damage.
3. Minimizing Risk
By having an attorney communicate with the insurance company on your behalf, you minimize the risk of saying something that could harm your claim. Your attorney can carefully manage the flow of information to ensure that nothing you say is taken out of context or used against you.
Conclusion
After a car accident or motorcycle accident, you may feel overwhelmed by the claims process and unsure of how to handle requests from insurance companies. It’s essential to remember that you are not legally required to give a recorded statement, and in most cases, it’s in your best interest to decline. Insurance companies are focused on protecting their bottom line, and providing a recorded statement can open the door for them to reduce or deny your claim.
Instead, consult with a personal injury attorney at Shaaban & Biedgoly in Folsom who can guide you through the process, handle communications with the insurance companies, and ensure that you receive the compensation you deserve. Protect yourself and your claim by exercising caution and seeking legal advice before speaking with an insurance adjuster.
By understanding your rights and working with a knowledgeable attorney, you can navigate the aftermath of a car accident or motorcycle accident with confidence, knowing that your case is in capable hands.
Contact Shaaban & Biedgoly today for your free consultation!