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Do I have To Give A Recorded Statement?

1 Aug 2017

It happens soon after a person has a car accident. A claim is filed, and the necessary paperwork is submitted. Then they are contacted by an insurance adjuster who asks them to provide a recorded statement. Whether or not to give a recorded statement to an insurance company is a big decision. It could influence a person’s claim and their life. In some cases, giving a recorded statement will make the claims process go quicker. It could also cause a person to harm their claim and serve no legal purpose. A person making this decision may want to speak with an personal injury attorney before doing anything.

A recorded statement enables an adjuster to hear about the events leading up to the accident, injury, and aftermath from those who were involved in it. They may want more than just the perspective of their policyholder. All recorded statements will be used when determining how to handle a claim. In some cases, the goal of the claims adjuster is to confuse the insured and get them to say something that will hurt their claim. It’s important a person know this recorded statement, and everything they say on it will be part of their claim forever.

Danger Of Recorded Statements
It’s possible a personal injury attorney will advise their client to inform the insurance company; they will provide them with a written statement. Insurance adjusters regularly obtain statements from people. They know how to phrase questions in a way to get a response that benefits the insurance company. These statements have been successfully used to decrease liability, reduce settlements as well as lower the types and amounts of compensation a person may be eligible to receive. Recorded statements can be very damaging should a lawsuit be filed in the case.

Volunteering Information
When people agree to record a statement for an adjuster, they often volunteer too much information. Should a person provide information about the problems in their personal life, the adjuster may determine this person was distracted by those problems. This was the reason for their poor judgment and why an accident resulted. Some individuals have volunteered how they are so desperate for money, they’ll take whatever settlement the insurance company offers them. This is always a mistake. When giving any type of statement to an insurance adjuster, it’s important to focus on the question and only provide facts.

Cooperation Required
A driver who lives in New York does have a duty to cooperate with their vehicle insurance provider. This is because New York is a no fault vehicle insurance state. The requirement to provide a recorded statement may be written in a driver’s insurance policy. Drivers in New York must provide insurance companies; with requested documents, respond to communications from the insurance companies and provide proper authorization. Should a person not cooperate, it could result in their claim being denied. A person needs to inform an insurance adjuster there is no reason the insurance company can’t accept a written statement. It can provide more important information and be more accurate.

Make Own Recording
It’s also possible for a person to tell an insurance adjuster they will be making their own recorded statement. This will be a recording that can be used for processing the claim. It will be a way for a person to avoid answering any tricky questions from adjusters. There are a number of free recording programs available online.

Use Of A Recorded Statement
Once a person has been contacted by an insurance company about providing a recorded statement; the adjuster will offer to use their recording device. How the recorded statement is used will be determined by the information a claimant provides. An adjuster may attempt to get a person to agree to certain facts that may not be correct. Some people simply agree to get the questions to stop. A recorded statement could have a negative impact on a person’s claim as well as their settlement.

Any individual asked to give a recorded statement after a vehicle accident should think about it. An innocent mistake can be enough to harm any amount of a settlement. An experienced personal injury law firm will know how to handle this situation. They will explain about the rights of an accident victim in this situation. There are options. The goal of these legal professionals is always to obtain the best possible results for their clients.

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