If you’ve been involved in an accident and you’ve opened up your own claim, whether with your insurance company or the adverse insurance company, one of the first things they probably asked you was to give a recorded statement. You might think, “Well, that makes sense.” You might even be eager to give your side of the story, but should you give your side of the story? I want to talk with you today about why it’s not necessarily a good idea to give a recorded statement without first talking with an attorney.
Should you say yes?
First, the insurance company is going to reach out to you probably the day of the accident or at least the next day to get your side of the story as well as the way that you’re feeling. You might think, “Hey, that’s a great idea, the actions fresh in my mind, I want to let them know exactly how I feel.” But you have to understand, you’re going to be emotional. Your adrenaline is going to be high. This is going to probably help you forget some crucial facts. And also, you’re not going to possibly feel the effects of the accident for days to come. So before you jump on in and share with the insurance company your thoughts on the accident and the way you feel, speak with an attorney so you don’t miss out on the crucial facts.
You might not say the right things
Second, we tend to assume that people are going to do and say the right things all the time, and that includes the insurance companies. So we give our recorded statements, we have a tendency to undersell the facts of the accident or even how we feel. So if they ask you how you’re feeling, you’re saying “I’m doing okay!” But maybe earlier that morning you couldn’t even get out of bed. Did you think to tell the insurance adjuster about that? More than likely, no. So now, because you didn’t tell the adjuster everything, you’re going to have to answer to that for a later date.
Third, how we present the facts of the accident can affect how others interpret the facts of the accident. So if you haven’t had a chance to speak with an attorney or just another person about the accident, may prevent you from sharing the facts in a clear manner. Or maybe you’re just frustrated. You’re in pain. You just want to get off the phone. So you tell the adjuster what you think they want to hear just to get off. Well, doing this is going to be a lot harder to walk back down the road.
The Recorded Statement will be used against you
And fourth, the recorded statement can and will be used against you at a later time. Although you may think you’re doing the right thing by putting all that information out there at the beginning. If you’re emotional, you’re in pain, you may say or do something that, unfortunately, may not be true or a clear representation of the facts. And when the dust settles, the pain has gone away, you may ask yourself, “Why did I say that? I didn’t mean that. That’s not entirely true.” But now we have this document that we’re going to have to defend. So prior to giving a recorded statement, make sure you contact the experienced Wood Injury Law attorneys today so we can protect you now and later.