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Should I Give a Recorded Statement After a Car Accident?

Home » FAQs » Should I Give a Recorded Statement After a Car Accident?

By CohenMalad, LLP

Should I Give a Recorded Statement After a Car Accident? If you have been involved in a wreck, you may have been contacted by the other driver’s insurance company and asked to give a recorded statement after your car accident. Should you agree? In fact, obtaining a recorded statement from those involved in an auto accident shortly after the crash is a tactic used by insurance companies to maximize their profits. In truth, you should be very wary about speaking with the other driver’s insurance company. Contacting an experienced Indiana injury attorney from CohenMalad, LLP is a much better choice. Our attorneys can help you make decisions like these in a way that will not harm a future personal injury claim. 

You do, of course, have an obligation to cooperate with your own insurance company—in fact, failure to do so can allow your insurance company to deny your coverage. You do not have a contractual duty to speak with the other driver’s insurance company, although you may be pressured to do so. An insurance adjuster from the other driver’s company may attempt to convince you that you will receive your settlement much more quickly if you simply provide a recorded statement, telling you it is nothing more than “procedure.” 

Since most people welcome the chance to tell their side of the story, many people fall for this tactic. It is important to remember that you will have an opportunity to tell your side of the story regarding the accident—but this is not it. This is a time when you are very vulnerable, both physically and emotionally, therefore not a time you should be providing a recorded statement. In fact, agreeing to a recorded statement can potentially ruin a future personal injury claim. 

As an example, suppose you agree to a recorded statement soon after your accident. You know you injured your neck and are currently taking painkillers to manage the pain. You tell the insurance adjuster your neck is injured, then later find the damage is much more extensive, including your back, your hip, even your knee. Maybe that “bump” on your head turns out to be a concussion that causes significant problems. Yet the insurance company uses your recorded statement to deny your claim, implying you are making up the additional injuries as a method of obtaining more money. Even though your injuries are real, and your medical expenses are real, you could have inadvertently skewered your ability to obtain a fair settlement. 

Additionally, soon after the accident, you may not realize the full extent your injuries will have on your quality of life. You may end up being unable to sleep, doing everyday chores, returning to work, or doing any of the normal, everyday things you typically do. Yet because you gave a recorded statement, saying your neck hurt, you could be unable to collect for most of your injuries as well as the collateral damage from those injuries. 

What Should You Do If Asked to Provide a Recorded Statement? If you receive a phone call from the other driver’s insurance company, politely decline to speak to them, referring them to your Indiana car accident lawyer from CohenMalad, LLP. Our highly experienced car accident lawyers and personal injury attorneys understand every nuance and legality associated with accident claims. The CohenMalad, LLP personal injury attorneys will ensure your rights and your future are properly protected following your car accident, working zealously on your behalf to reach a fair resolution. Contact CohenMalad, LLP today!

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