Should I Give a Recorded Statement to an Insurance Company?

When an accident happens, the victim often must contact the at-fault party’s insurance company to provide information to them about the incident. The insurance adjuster speaking with you will try to gather as much information as possible from you, often asking the same questions in multiple ways. They may also ask if you will give a recorded statement.

You should not allow the insurance company to record your statement. In fact, when possible, do not speak to the insurance company at all, but instead allow your Chicago car accident lawyer to handle the process. Here are some of the reasons why you should not give a recorded statement.

What You Say Could Be Used Out of Context

The biggest risk factor for providing the insurance company with a recorded statement is that they will use what you say out of context or try to skew that information to use against you. This may seem like something the insurance company would not do, but that is not accurate. Insurance companies may encourage you to report that you are doing well or that you are attending all your doctor’s appointments.

In the best-case scenario, avoid speaking to the insurance company altogether. Because this is such a common tactic for insurance companies to use against you, it can cause you to lose your case or result in a reduction of your case value. With the help of an attorney, all questions are directed through them first, which means that no miscommunications can occur.

You May Be Coerced Into Admitting Fault

How can you admit fault when speaking to the insurance company? There are various ways that the insurance company may encourage you to make statements that put you at fault, even if it has nothing to do with the actual incident. Here are a few examples of what can commonly occur:

• The insurance adjuster asks you what you were doing at the time of a collision. If you say, “I was just driving. I may have looked at my phone…” that puts you at partial fault.
• If you tell the insurance adjuster you “looked up” that means you were not paying attention to the road.
• If you make a statement that says you were speeding, even if you were going just two miles over the speed limit, that puts you at fault.

You may find it challenging to monitor every word you say when speaking to the insurance company, but that is exactly what you must do to protect your case and claim. Your lawyer could handle these conversations for you, helping you avoid any type of risk of serious injury to your case.

You May Be Tricked Into Making Assumptions

Assumptions are a bit different than admitting fault, but they are a way the insurance company may try to get you to accept some of the guilt. For example, the insurance company may ask if you remember what you were listening to on the radio. They could say, then, “If you were listening to that podcast, is there a chance you were distracted behind the wheel?”

This type of assumption can also occur in another way. For many situations, the insurance company will try to prove the other driver was not at fault. If they ask you why you think their policyholder was responsible, and you say they were tired or on their phone, that is an assumption. You may not know for sure what was happening, and assumptions like this could distract from the case.

The Insurance Company May Trick You Into Stating You Are Healed

One of the most significant parts of an accident claim relates to the injuries you suffered. The insurance company wants to show that the policyholder is not responsible for the losses you suffered. To do that, they will try one of the numerous strategies to trick you about your claims. Some of those strategies may include:

• Your injuries are no longer limiting you. If you have not yet fully recovered, you should never state that your injuries are healing. Instead, say, “I am working with my doctor.”
• You are not following the doctor’s treatment plans. You do not need to divulge the details of your care and treatment plan – or even the extent of your injuries. If they ask about your condition and severity, simply refer them to your attorney.
• You exaggerated your injury claims. The insurance adjuster may try to state that you are not really that bad or that you are engaging in life without pain. If they ask you what your plans are for the weekend, do not tell them. That is a trick.

Think outside of the box here. If you record a statement with the insurance company that includes information about your injuries, and you make a mistake in providing that information, even in the slightest way, it could later be used against you.

You May Not Know the Extent of Your Injuries Yet

If you record a statement with the insurance company right after your accident, you can only tell them what you know at that time. This means that if you have unknown injuries or your injuries require more extensive care later, that recorded statement is no longer accurate. Yet, it could be used to determine what level of compensation to pay you.

There Is No Law That Says You Have To

The most important reason not to give a recorded statement to an insurance company is that you do not have to do so from a legal standpoint. Rather, you can provide a written document that states what happened with the facts only. Even better, hire a trusted personal injury lawyer to craft your statement to the insurance company so you mitigate many of the risks you could face throughout this process.

Before you file a claim, contact an attorney to discuss your case. Let your lawyer handle the insurance company so that you do not even have to think about making a poor statement.