After you have been injured in a motorcycle or automobile accident, it is common for an insurance company to ask you for a recorded statement.
This request may seem normal and straightforward – but if you are not careful, your recorded statement can be used against you if you decide to pursue a claim.
You are under no obligation to give a statement to an insurance party that represents the other at-fault party in an accident – and doing so can be harmful to your case. Here’s what you need to know about giving a recorded statement.
You Are Obligated to Give a Recorded Statement to Your Own Insurance Company – But Don’t Give A Statement to Anyone Else
Your own insurance company might request a recorded statement and you must provide it as a request due to the “Duty to Cooperate” Clause in most insurance policies. However, the recommendation would be to speak with an attorney prior to giving a statement. If you obtain an attorney, they will be able to assist with the statement and make sure your own insurance company is not overstepping their boundaries and asking questions they do not have the authority to ask.
Insurance companies whom you do not have a contract with should not be given a recorded statement. Remember that the goal of an insurance company is always to minimize its own liability and pay out the least amount of money possible. If an insurance adjuster tries to tell you that you must make a statement – or that doing so could help your case – they are being untruthful.
Statements Are Often Designed To “Trap” You – Or Make It Seem Like You’re Lying
How are recorded statements used against you? There are several ways.
First, insurance adjusters will compare the statement that you gave to them with any other statements collected – from depositions, police officers, and witnesses. If they find inconsistencies – which are common in recorded statements – they may try to use this to deny your claim.
Often, insurance adjusters use leading or even misleading questions to trick you into responding in a particular way, which could hurt your case. They may pressure you into agreeing to a fact that may not be accurate, and your responses can come back to haunt you later.
Statements are also often used when cross-examining you in a courtroom. If your oral testimony differs from your statement, this can be used against you in a jury trial – even if it seems trivial at the time you make the statement.
Don’t Give A Recorded Statement – And Get a St. Petersburg Personal Injury Lawyer Right Away!
If you have been involved in an accident that was not your fault, and you were injured, you need a St. Petersburg personal injury lawyer to fight for you. At Marsalisi Law, we have been fighting for injured Floridians for over a decade.
Contact us now to learn more, and to see if you have a case. We would love the opportunity to fight for you and get you the compensation you deserve! Remember, Marsalisi Law is Where Law Gets Personal.