Occasionally, individuals come to my office sometime after [as in weeks or months] a car accident has occurred to discuss their case. During the conversation they inform me they have already provided a recorded statement to the other party’s insurance company. When I ask the individual why a recorded statement was provided? The reply goes something like this “…..well, the accident wasn’t my fault, so I thought what difference could it make? “In helping you, the reader, understand when and what to say, I will begin with a question.
Question:
What should I say if at all in a recorded statement after a car accident?
Answer:
Before we address what you should say in a recorded statement after a car accident, let’s consider a) whether you should be making a statement at all and b) whether you are legally obligated to make – that recorded statement in the first place.
If we are discussing your own insurance carrier, you do have a legal obligation to co-operate as the adjuster investigates the accident and processes your claim. That obligation extends to giving a recorded statement and providing other information that is asked for during the adjuster interview (with your own insurance company). It may be best however to have a discussion first if at all possible with your attorney to carefully go over the facts.
But if the other side is asking for a recorded statement, you do not need to give one, and indeed probably should not give one anyway. Why?even if you are not at fault? There are many reasons why giving a recorded statement to the other side — which means the insurance company for the other driver, or his or her attorney — is not wise. In a nutshell, making a recorded statement cannot help your case at all, and can only help theirs.
First, you can be sure the other side will compare any recorded statement you make with any other statements you’ve made about the accident (such as in the police report, or in the emergency room report or even in the hospital record before you were discharged, for example) and any statements you make in the future (such as in a deposition). They’ll try to exploit even the smallest inconsistencies and make you look like you are hiding something, or really do not remember or are a flat-out liar.
Second, an experienced adjuster [for the other side] knows how to frame questions in ways that will lead you to make a potentially incriminating statement, or at least cause you to paint yourself into a corner.
For example, the adjuster might ask how long the stoplight was yellow when you entered the intersection, and whether you saw it turn to red. When you say you did not see the signal turn to red, the adjuster will try to frame that response as an indication you were simply not paying attention. For answers to your personal injury claim-…..call Mort
