Understanding Personal Injury Law

The Pitfalls Of Recorded Statements And Your Personal Injury Case

30 June 2016

Celina Nichols

If you have filed against the at-fault driver in an auto accident that left you injured, you will soon very likely be receiving a telephone call from the other side's insurance company. This insurance adjuster will be unfailingly polite and will be skilled in putting you at ease, but this phone call should trigger a very cautious response from you. You should understand that saying the wrong thing during this phone call could place your insurance claim in jeopardy, so read on to learn more about how to handle this call and to avoid damaging your chances for fair compensation.

The Ramifications of the Recorded Statement

Often, the insurance adjuster will give the impression that this statement is simply a formality and you are extremely close to getting the much-needed check for your injuries. This is seldom the entire truth, since insurance adjusters are trained to ensure that their employer, the insurance company, pays out as little as possible for your claim. The amount of compensation is based, among other things, on the liability of each driver and their respective insurance company.

Another word for liability could be "fault." Often, both drivers share some of the fault, or liability, for the accident, and the degree of liability will tie directly to the amount of compensation offered to you. For example, if your speed was excessive, it may have contributed to the accident, your injuries, the other driver's injuries and more, even if the other driver's negligence caused the accident.

Consistency

An accident, even a minor one, is extremely traumatic and it's only natural to want to discuss the events with friends, family members, medical personnel and others. Every time you tell your accident story, however, you add in and leave out little details. This tendency is entirely expected and normal and does not mean that you are being dishonest. Events associated with traumatic occurrences can come and go in your memory, leading to accident reports and statements varying to some degree with each telling. From the first responders to your accident to your social media accounts of it, you must be very careful, since little inconsistencies can harm your case. A professional counselor is a much safer place to confide your story. In the meantime, don't allow the insurance company to use your recorded statement to discredit your accounting of the accident.

Your Own Insurance Company

While you can, and should, refuse to talk to the other side's insurance adjuster, you may have no choice but to talk to your own insurance company. Often, giving a recorded statement is a requirement of coverage. If you must talk to them, or anyone else, about the accident, be prepared. Create a cheat-sheet of key points, stick to short and to-the-point answers, and don't elaborate or ramble on.

A personal injury attorney can help you deal with the insurance companies, so lessen your burden and talk to one today.

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