Once a person is involved in an accident, their insurance company will normally ask for a recorded statement. The statement is recorded and preserved for future use by the insurance company. Before deciding to give a recorded statement, you should take the time to consult with a licensed attorney who handles these types of cases.
Adjusters usually take recorded statements from participants in a car accident because their job is to find out what happened. By getting information from all the drivers involved, the insurance adjuster takes to find out who was at fault in the accident. During the recorded interview, adjusters can ask a long list of questions or just ask the drivers for their side of the story.
Recorded Statements Can be Used Against You
Recorded statements should not be taken very lightly. Although your statement is not usually given under oath, it is a recorded statement which can be used against you down the road. What you say and what you don’t say can have a tremendous on your case down the road. As such, you should always take the time to consult with an attorney before you give one.
Recorded Statements Can Conflict With The Right to Remain Silent
Although most personal injury and traffic accident cases are civil, some drivers are facing criminal charges. Drivers who may be facing criminal charges should also speak to an attorney before giving a statement because recorded statements can conflict with a defendant’s right to remain silent. Drivers who have been involved in accident who may also be facing criminal charges should always take time to speak with an attorney.
Refusing Give a Statement Can Have an Impact on Your Case
The terms of your insurance policy may require that you give a recorded statement to an adjuster who works for your or the other driver’s insurance company after being involved in an accident. Whether you should provide a recorded statement depends on what your attorney advises you to do and whether you are obligated to do so by your insurance company.
Take The Time to Prepare Your Answers in Advance
A licensed attorney who has experience handling these types of cases can guide you through the process of giving a recorded statement. Many attorneys want to be present when their client gives a recorded statement. Giving a recorded statement can be tricky, so never assume that you will know all the answers to all the questions the adjuster will ask.
Before giving a recorded statement, it is always good to make sure that you get the go ahead from your attorney. Once your attorney says it is okay for you to give a recorded statement, you should take time to review the police report, photographs and your notes. Since your recorded statement is set in stone, you want to make certain you are prepared to answer the questions the adjuster may ask.
Recorded Statements Are Preserved as Evidence
Whether you are speaking to the adjuster for your insurance company or the other driver’s insurance company is unimportant. Your recorded statements will be preserved by both companies for use at a future date. As such, you need to take time to review your version of what happened with your attorney and find out what you should or should not mention. You should also take the time to review any other statements you may have given with your attorney as well.
Take The Time to Discuss Giving a Recorded Statement With an Attorney
Insurance adjusters work for insurance companies and not for insureds or claimants. Whether the insurance adjuster from the other driver’s insurance company or your insurance company has asked for a recorded statement, you should speak with an attorney before giving a recorded statement. What you say and what you don’t say can make a tremendous difference to your case now and in the future.
When it comes to giving a recorded statement, there is a lot to take into consideration. What you say or don’t say can make a difference to your case. Before giving a recorded statement, you should take the time to consult with your attorney to make sure it is okay to give a statement. In some cases, giving a recorded statement may be mandatory and in others it may not. By taking the time to speak with a licensed attorney, you will be on your way to making the best decision in your case.