Soon after your truck accident, the insurance adjuster for the negligent trucker and trucking company may contact you and ask you to give a recorded statement. He may claim that he needs it to process your claim. However, this is not true, and it is never a good idea to agree to give one.
What Is a Recorded Statement?
A recorded statement is a question and answer session conducted by the insurance adjuster that is tape recorded. It may be done over the telephone or in person. The recording is later transcribed into a document that can be used by the insurance company in resolving your claim or in a court hearing if you have to file a lawsuit.
Why Does the Insurance Company Want You to Give a Recorded Statement?
The basic reason that the insurance adjuster may want to take your recorded statement is to find information that he can use to deny or reduce your claim. Even if you are careful and have nothing to hide, you could say something that hurts your case and the amount that you receive in your settlement. Here are some of the ways a recorded statement can be damaging:
- Inconsistent statements. The insurance adjuster will compare what you tell him to statements you made to the police, your doctor, and others and look for inconsistencies. If he finds any, he can use this information to claim that you are not being truthful or that you are not a believable witness.
- Confusing questions. The insurance adjuster is skilled at conducting recorded statements and may ask you confusing questions designed to elicit answers that he can use against you. No matter how careful you are, you may say something that you did not mean.
- Too much information. You may be tempted to offer additional information than the question asks, especially when you know that you did nothing to cause your crash. You could inadvertently give the insurance company additional information, such as about a preexisting injury, that can lead to disputes about your right to compensation.
Are You Required to Give a Recorded Statement?
No. You do not have to agree to give a recorded statement in order to settle your claim with the insurance company. While they have a right to investigate your claim, this does not include forcing you to give a recorded statement.
What Should You Do If the Insurance Company Asks You to Give a Recorded Statement?
If you are asked to give a recorded statement, you should retain an experienced truck accident attorney immediately and let him take over communications with the insurance company and to negotiate your settlement. You should never agree to any insurance company requests or to accept a settlement offer without first consulting with a lawyer.At Tavss Fletcher, we offer a free initial consultation to discuss your legal options. To schedule yours, call our office or fill out our convenient online form.