RECORDED STATEMENTS: Should you give one?
After a collision, your insurance company and the at-fault driver’s insurance company will both ask you for a “recorded statement”. They are each trying to determine what happened based on what the other driver tells them and what witnesses may tell them.
If you are dealing with your own insurance company you may obligated under your own policy provisions to give them some kind of statement, however, if it is the other driver who caused the collision, you have no duty to give them a recorded statement.
Ask the insurance adjuster: “Is there a dispute over who was at fault?” If there is no dispute, meaning the other driver admitted to their own insurance company that they were at fault, then you have no reason to give a statement. You can also direct them to the police report where the officer made a determination of fault.. If there is a dispute over whose at fault, just stick to the facts surrounding who caused the collision and how the collision occurred. Giving a recorded statement that discusses your injuries could do great damage to your personal injury case, especially if you do not know the full extent of your injuries.
The problem with giving a recorded statement is that you will inevitably be asked about your injuries. At this early stage, you are not required to discuss in any detail what the extent of your injures are.
Most attorneys advise against giving recorded statements simply because many claims adjusters will try to bait victims into saying things that could hurt their case. They will lure an unsuspecting victim to admitting they were somehow partly to blame or ask about their prior medical information that is irrelevant. The recorded statement will only be used against the victim later and can never be to their benefit. Do not give the insurance company any additional evidence that could be twisted or used against you unnecessarily.
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