The recorded statement is a tactic used by insurance companies to record a claimant saying something that can potentially be used to devalue or deny the claim later. It is a tool used for the insurance company’s benefit – not for the good of the client. For this reason, it is typically recommended that you do not give a recorded statement when asked by an insurance adjuster.
When Not to Give a Recorded Statement
If you need to file a claim with another person’s insurance company for causing your injuries – such as another driver’s car insurance provider after a crash that wasn’t your fault – you will be contacted soon after by someone known as the insurance claims adjuster. The adjuster works for the insurer; their job is to convince you to settle for as little as possible.
As a general rule, you should not agree to give an insurance claims adjuster from another insurance company a recorded statement about your accident or injuries. You are not obligated or legally required to agree to the recorded statement during phone calls with someone else’s insurer. Tell the adjuster you will be submitting a written statement later. Then, contact an experienced Ontario personal injury attorney for legal advice and assistance.
The Risks of Giving a Recorded Statement to an Insurance Company
If you give a recorded statement, you put yourself at risk of saying something that could unintentionally hurt your claim. If you feel fine immediately after a crash due to your adrenaline, for example, and are recorded stating that you are uninjured, this could interfere with your ability to recover compensation for medical bills if you discover a delayed injury later.
The insurer may try to twist your words around to use them against you and blame you for the crash, as well. You might be persuaded to share too much or say the wrong thing. You may not be fully aware of the details of the crash or your injuries; speaking too soon could mean you contradict yourself later – painting you as an “unreliable” witness.
Should I Give a Recorded Statement to an Insurance Company?
Am I Ever Obligated to Give a Recorded Statement?
If you need to file a claim with your own insurance provider, the rules on giving a recorded statement are different. Most first-party claims have in fine print that policyholders are required to give recorded statements in order to process claims. Read the terms and conditions of your policy before making the call to find out if a recorded statement is mandatory.
When it comes to a third-party insurance claim or one with another person’s provider, however, you are never obligated to give a recorded statement. You always have the right to refuse the statement and consult with an attorney about your next steps. Do not be persuaded by language meant to pressure you into giving a statement.
How to Proceed With an Insurance Claim in California
When you reach out to a personal injury lawyer before providing an insurance statement, your lawyer can inform you of your rights and legal options in detail. An attorney will listen to your accident story and go over the facts of your case with you to prepare you to provide a statement that protects your best interests.
You should never admit fault or apologize for the accident in your statement. Keep what you say short, concise and to the point. Do not over-explain or give too many details. Ask for a copy of your statement afterward.
Avoid signing anything sent to you by an insurance company before bringing it to an attorney – especially a settlement offer or liability waiver. Your lawyer will review the offer and negotiate with an insurance adjuster for a fair amount. Hiring the right lawyer can prevent an insurance company from taking advantage of you during the claims process. Contact Jacoby & Meyers today to schedule a free consultation.