- May 21, 2013
- In insurance
Commonly, insurance adjusters request recorded statements from claimants. Many times the request will be made prior to you obtaining legal representation. We strongly advise against giving a recorded statement. This is a tactic used by insurance companies to weaken your case. The adjuster will not learn anything new through your statement. The adjuster knows the facts of your case. They know how the accident occurred. They know the speeds of the vehicles. They know the damages to each vehicle. They have access to the police report or incident report involving your case. They therefore have all the information they need to make a decision as to who is at fault in your case. And if they don’t agree with you, it is highly doubtful that their opinion will change after they take your recorded statement.
The adjuster will tell you that the recorded statement is necessary to settle your case. This is false. There is no requirement that you must give a recorded statement to a third party adjuster in order to obtain a settlement.
Recorded Statements Can Harm Your Case
You may ask what harm may be done by giving a recorded statement. First, it allows the insurance company to question you unrepresented in regards to your case. The adjuster will ask you leading questions in which they will attempt to force you to make statements that decrease the value of your case. Secondly, it is recorded, meaning that your voice will be heard by others. Should you make an error in your statement, it will be nearly impossible to reverse the damaging effects.
What if You Do Not Receive a Fair Insurance Settlement?
Lastly, you must prepare your case as if it is going to trial. Should the insurance company not make you a fair and reasonable offer, your case would be filed in Court as a lawsuit. When this happens, the insurance company hires an attorney to represent them. The attorney will set your deposition, where he/she will ask you in depth questioning about your case, including your background information, how the incident/accident occurred, and your injuries. Should you give a recorded statement, the insurance company will use your recorded statement to look for inconsistencies with your deposition testimony. Should they discover the slightest inconsistency between your recorded statement and deposition, your credibility will surely be questioned by the defense attorney at the time of trial. Ultimately, this may reduce the value of your case.
So why risk it? The risks of giving a recorded statement are many and the benefits are very little, if not none.
Should you be involved in a personal injury matter, contact the Law Offices of Samer Habbas. Our aggressive approach with insurance companies will protect your rights to the fullest.
For a free consultation, call us at 888-848-5084.
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