DO NOT GIVE A RECORDED STATEMENT
If you are injured in an accident, you more than likely will be called by the other driver’s insurance adjuster and asked to give a recorded statement, sometimes within an hour or two of the car accident before you truly know if you are injured. You do not have to, and you should not agree to, give a recorded statement. I almost never grant a request for a recorded statement from an insurance adjuster, especially when liability for the accident is clear (such as in a rear-end accident). The adjuster can get all the information they truly need from the police report. Make no mistake about it — the only purpose for the insurance adjuster to take your statement early is to seek admissions against your interest to use against you in your injury claim. For instance, while the adrenaline is still flowing just after the accident and before the pain or stiffness sets in, the adjuster is hoping that you will just state on the record that you are “fine.” You should not discuss your medical injuries or whether you have pain or not until after you have sought medical treatment and after enough time has passed to know if you will be sore over the next couple of days. If a statement were to be granted on a rare occasion by our law firm, someone from my office is always present on the telephone conference to keep the adjuster in check.
We know that many times a statement has already been provided before you have had a chance to call an attorney. If you are going to handle your own insurance claim, it is almost impossible to avoid giving a statement. Even though it is not true, the insurance adjuster will tell you that they cannot proceed with your injury claim until they have a recorded statement about the accident and your injuries. If a recorded statement is provided, never expect the insurance adjuster to offer you more money for being cooperative or for volunteering more information than what is asked. Also, do not let an adjuster tell you that you are not entitled to a copy of your own statement.
If you are asked to give a recorded statement, please let the adjuster know that you would like to visit with an attorney first and then call Hudson Law Firm to advise you of your rights or to conduct the statement with you.