After an accident, the insurance company will investigate the claim and will want to find out more information about how the accident occurred. A claims adjuster will likely reach out to you to ask for a recorded statement. The process of providing a statement is not always straightforward. Your statement may be used against you to harm your ability at recovering fair compensation.
This is why we recommend contacting a qualified Windsor personal injury lawyer to protect your legal rights during the claims process. Our lawyers are prepared to help determine whether you should provide a recorded statement and under what conditions in a free consultation.
Why Claims Adjusters Want Recorded Statements
Claims adjusters are responsible for finding out how accidents involving their insured party’s occurred and whether the accident is covered under the insurance policy. The insurance company will first get the insured party’s version of events and will then contact the other party involved in the accident.
Adjusters use the statements provided by both parties as well as witness accounts, accident reports and other evidence to investigate the claim and determine liability.
While requesting statements is part of the adjuster’s job, recorded statements are often used to harm claims, so it is important to be very careful if you decide to provide this type of statement.
How a Recorded Statement Can Harm Your Claim
Claims adjusters may use your recorded statement as justification to deny or reduce the value of your claim. They often use these statements to harm your claim in the following ways:
- Using your own words against you to suggest full or partial fault for the accident
- Asking leading questions to get the answers they want or to get you to minimize the extent of your damages
- Asking you to describe your physical injuries before you know the full extent of them
- Asking contradictory questions to establish inconsistencies
- Asking about pre-existing injuries and using this information to argue that your injuries are not related to the accident
Since recorded statements could be harmful to a claim, personal injury lawyers commonly advise that victims refuse to give a statement without first consulting with an experienced legal professional.
What to Do Should You Give a Statement
If you ultimately decide to give a recorded statement or your lawyer advises you to do so, these guidelines can help you protect the value of your claim:
- Prepare ahead of time by making a written outline of the facts involved in your accident to help you stick to the important facts and keep you on track.
- Request that the statement not be recorded.
- If the statement is recorded, ask that you also be permitted to make a recording of the conversation.
- Give concise answers without guessing or speculating on information.
- Do not admit any fault or guilt for the accident.
- Do not volunteer information. The adjuster will act friendly and try to make you feel comfortable to encourage you to talk more, but avoid elaborating.
- Politely decline to answer personal questions.
- Do not downplay your injuries. You can say that you are still receiving medical treatment rather than trying to estimate the full extent of your injuries.
Let Us Guide You Through the Claims Process
You do not have to go through the claims process alone. Let our legal team at Greg Monforton and Partners guide you and handle all communications and negotiations with the insurance company while you focus on your recovery.
We are aware of the strategies used by claims adjusters to deny or devalue claims and are prepared to seek maximum compensation for you. Schedule a free consultation to learn about your potential legal options. There is no risk in calling us or reaching out online. We only get paid if we help you win.
Get started today by contacting our office at (866) 320-4770.