Injured In An Auto Accident? 2 Things You Should Do Before Giving A Recorded Statement

After being involved in a car accident that wasn't your fault, you might not think twice about sharing information with insurance companies, lawyers, or even the guilty party.  After all, since that vehicle slammed into your parked car, what do you have to hide? Although it might seem like an innocent, necessary step in settling your auto accident case, giving a recorded statement might be detrimental to your lawsuit. Here are two things you should do before giving a recorded statement and why:

1: Understand Your Rights and Responsibilities

That lawyer or insurance representative might seem professional and empathetic, which is why you might feel obliged to answer any questions they may have. However, that friendly voice on the phone might actually be a professional litigator or insurance adjustor looking to poke holes in your case. If your story differs from the statement you gave to the police officer or you admit partial fault for the incident, it might completely obliterate your case—significantly reducing your settlement.

Although friendly callers might mention that the recorded statement is "necessary" or "routine," you should understand your rights and responsibilities before you get started. Here are a few things you should be aware of regarding recorded statements:

  • Your Obligation To Give A Statement: While you are obligated to cooperate with your own insurance company, no state requires an injured person to cooperate with the insurance company or legal team of the driver who may be at fault. The simple truth is that if you don't feel comfortable giving a recorded statement to the guilty party's insurance agent or lawyer, you don't have to. If you are confronted by another lawyer or insurance agent, direct the caller to your attorney and refrain from making any statements about your case.
  • Having Your Attorney Join In: If you do want to make a recorded statement, you have the right to have your attorney join in on the call. This means that your lawyer can pay attention for illegal questions or stop you from answering questions that could potentially incriminate you. If the insurance adjuster or lawyer objects to you using your lawyer during your recorded statement, refuse to give it altogether.

Keep in mind that callers might not even mention that they are asking for a recorded statement, which can make it hard to avoid them. For example, the caller might say that they are simply filling out paperwork for your case, or you might hear the familiar "this call might be recorded for quality or training purposes" recording before you commence. Before you offer any type of statement about your recent accident, contact your lawyer.

2: Set A Time Limit For The Call

The longer you let that conference call drag on, the more likely you are to divulge information that might help out the guilty party's legal team or insurance company. For example, while you might suspect that the phone call would only last a few minutes, they might keep you on the phone for much longer to ask you several different variants of the same question. This helps them to determine whether or not you are telling the truth, and gives them more opportunity to discredit your side of the story.

To ward off problems, ask your lawyer to set a clear timeframe for the recorded statement. For example, your lawyer might mention at the beginning of the call that you have exactly twenty minutes to answer any questions pertaining to your case. As the call ensues, your lawyer can carefully monitor the time to keep you from getting sidetracked. Setting a timeframe for the call can also prompt insurance adjusters and opposing legal teams to get right to the heart of the issue. For example, if they suspect that you were parked in the way of oncoming traffic, they might ask questions about the accident circumstances in the beginning of the call. This can help your attorney to form a legal strategy to counter any claims the opposing attorneys might try to develop in court.

By understanding your rights regarding recorded statements and knowing how to limit your liability, you might be able to streamline your lawsuit and get the settlement you deserve. Contact a lawyer for additional info.


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