Padilla Law Group, LLP

Will the insurance company make you give a recorded statement?

After suffering a serious injury in an event like a car accident, you will likely have to deal with the insurance companies. If authorities considered another driver at fault for the incident, that person's insurance company will likely have an obligation to provide the applicable payout to you. Of course, the insurance company will likely try to get out of the situation with the lowest payout possible.

During the course of its investigation, the insurance representatives may attempt to obtain a recorded statement from you. They often want this statement so that they have your side of the situation on record, which makes it more difficult to change your story later. However, providing such a statement may not be in your best interests.

Representative tactics

Because insurance company representatives have an obligation to the company and not to you, they often have tactics they use in efforts to get the information they want from you and to possibly use against you later.

For instance, they will likely try to get a recorded statement from you as soon as possible after the accident. They may claim that this is the best time because the information is still fresh in your mind, but it may also mean that you miss the opportunity to provide information regarding injuries that present themselves later, or you may not have a chance to understand the treatment, medical expenses or lasting impacts of the injuries you suffer.

Representatives will also likely try to build a relationship with you. Again, they want to gain as much information as they can, so they may encourage you to keep talking with preemptive phrases like "what happened next?" or "please go on." They may also remain silent in hopes that you will fill that silence with more information. Understandably, you may feel anxious, and if you are a nervous talker, that silence may cause you to say too much.

Handling a recorded statement effectively

Before you worry about giving a recorded statement, you may want to remember that you do not have to speak with the insurance company if you do not want to. After a serious car accident that results in your suffering injuries, you may want to speak with a personal injury attorney. By enlisting this professional help, you can have your legal representative speak with the insurance companies on your behalf and also offer you guidance on how to address a recorded statement if necessary.

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