Recorded Statements After a Crash on the 210 or 134: What Insurers Look For and How It Can Be Used Against You
If you were involved in an accident on the 210 or 134, you likely didn’t even have time to process what happened before the other party’s insurance company called you. When the other driver’s insurance company contacts you, it’s never to help you. It’s to start building a case that protects their company and pins the crash on you. These highways see heavy commuter traffic and accidents are common, and insurance companies are quick to try to settle claims to protect themselves from lawsuits. It’s crucial that you speak to a car accident attorney before you talk to the other party’s insurance company.
When you choose a car accident lawyer at DeWitt, Algorri & Algorri, LLP, you know that your case is in qualified hands. Our team has decades of experience in personal injury law. Attorney Mark Algorri has taken on complicated personal injury cases and helped clients secure millions of dollars in compensation for their injuries. Find out how our car accident law firm can help you now by calling us at 855-WINNING (946-6464).
What is a Recorded Statement?
Insurance companies frame recorded statements as “your chance to tell them what happened” and document how the crash occurred. These requests may come from both your own insurance provider and the other driver’s insurance company. The statement you make and the questions they ask are recorded, which allows them to review your answers and use your responses to build their case.
Why Insurers Push for Recorded Statements Right Away
When insurers are able to secure a recorded statement immediately after an accident, time is on their side. After a collision, victims are often still in shock and have not yet retained a car accident attorney. When they answer questions, they may not be thinking about how their answers may be used against them. They may not have even realized yet that they’re injured. So if they say in their recorded statement that they feel fine or only have a little bit of pain, the insurance company will use that against them if they later seek compensation for injuries.
By talking to you early on, insurance companies essentially “lock in” your current version of events. That version is then compared to the police report, your medical records, vehicle damages, and any later statements you make. Any inconsistencies, no matter how minor or easily explained they are, can be used to diminish your credibility.
What Insurers Are Listening For
Insurers are looking for language that shifts or shares blame, including:
- Admissions of fault: Saying that you didn’t see the other driver until the last second, were tired from work, or were distracted at the time of the accident may all sound minor—but these and other statements give insurers an opening to shift blame onto you.
- Minimizing injuries: It’s a common thing in polite society to downplay injuries and not let the other person in a conversation worry about us. But this puts you at risk of being called a liar by the insurance company down the road.
- Speculation: Speculating what caused the accident, how fast you were going, or potential other factors isn’t recommended. While they may just be guesses on your part, the insurance company may treat them as fact.
- Other potential causes: If you refer to other injuries you’ve had in the past, the insurance company may aim to pin your current injuries on your preexisting injury.
Do I Have to Give a Recorded Statement?
This largely depends on who’s asking. If your own insurance company is asking for a recorded statement, you likely have to give one per the terms of your insurance agreement—however, you should avoid questions that seem misleading or that you cannot answer without guessing.
But if the other insurance company is asking for a recorded statement, your car accident lawyer will likely tell you not to give a statement. It can’t help you—it can only either have no effect on your claim or have a negative effect on your claim.
Asked to Give a Recorded Statement? Call DeWitt, Algorri & Algorri, LLP Car Accident Lawyers ASAP
If an insurance adjuster has asked you for a recorded statement, make sure you are protecting your rights and your ability to seek compensation. Schedule a time to meet with our car accident law firm by calling us at 855-WINNING (946-6464) or sending us a message online.
Mark Algorri has successfully represented individuals and their families in matters involving serious and catastrophic injuries, insurance claims denials, and wrongful deaths, achieving a success rate of 99 percent for our clients.
