#4 MISTAKE: Providing a recorded statement to the other driver’s insurance company without first speaking with an attorney

by | Injured? Start Here, Top 10 Personal Injury Claim Mistakes

QUESTION: How do you respond when the other person’s insurance company wants to take a recorded statement?

ANSWER: While the other person’s insurance company does need basic information from you to get your claim started, you can be cooperative and protect yourself at the sametime. Just make sure that before you give a recorded statement to talk with a personal injury attorney first.

The fourth biggest mistake you can make is providing a recorded statement to the other person’s insurance company without first speaking to an attorney. This is very important because everything that you say to the insurance company is recorded. If you make guesses about how the car accident happened, or if you inadvertently say things that isn’t accurate, the information in your recorded statement will be used against you.

How do you respond when the other person’s insurance company wants to take a recorded statement? While they do need basic information from you to get your claim started, you can be cooperative and protect yourself at the same time. What you simply say is: “Let’s schedule an appointment in a couple of days for me to give a recorded statement.” You can go ahead and set the date, set the time, and then talk to an attorney before you give the statement.

If you’re not able to do that, when you give a recorded statement keep your responses limited to just how the accident happened, not what your injuries were, how you’re feeling, or any past similar type of problems you may have had. The most important thing is to stay focused on providing responses about how the collision happened. And, when it comes to talking about your injuries, you can provide that information at a later date, after you’ve had a chance to talk with an attorney.

Sometimes, when we get involved with a claim after statements have been given — especially if the other person’s insurance company is saying they’re not at fault, the recorded statement can cause problems. We see this most often when our client was guessing at an answer, making assumptions or was volunteering information thinking they were helping their claim. Once a recorded statement is given, It’s very hard for us to unring a bell — things that you said regarding your accident can’t be unsaid.

Yes you do need to give information to the insurance company — but it doesn’t always have to be recorded. If it is going to be recorded, then set the recording time for a future date — after you’ve had an opportunity to talk with an attorney. That way you’ll be cooperating with the insurance company — and you’ll also be protecting yourself at the same time.

We’ll help you determine whether you have a case and if you need an attorney. It doesn’t make sense to hire a lawyer if you don’t need one.

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