Many auto accident victims are immediately confronted with a demand for a recorded statement when they first contact, or are contacted by, an insurance carrier. Note that we do not say "request," but "demand." Carriers will tell you that they need your statement to consider the property damage claims, your personal injuries and even open a file. Some insurance companies demand a recorded statement even though the police report is done, favorable to you and sets forth your version of the accident. It is our attorneys' suggestion that if you do not have an attorney, avoid giving statements to any insurance company but your own. There are a number of reasons why it is not helpful to your case, but let's first examine why it is demanded and desired by the insurance company.

Insurance companies over the years have perfected how to keep their money and not pay claims. To best help them, an insurance carrier wants to get "On the record" as much information that might hurt your case. If you do not believe this premise, review Can You Always Depend Upon the Insurance Company To Do What Is Right?. Ask yourself what an insurance carrier can gain from a recorded statement that is not available through informal discussion. The answer, of course, is nothing. Therefore there must be another reason insurance companies insist that you be "On the record".

During a recorded statement, you may inadvertently say something about the accident or your injuries that is unfavorable to your case. Questions can be vague and misleading. You may be unfamiliar with other witness versions or elaborate on facts that hurt your credibility. You must be prepared before giving a recorded statement and should review Keeping Your Auto Accident Version Simple.

You might be prompted to talk about your injuries. On the first day of an accident, your body may not be feeling the effects of the accident. Lots of clients do not feel accident injuries until the next day, or even several days, after the accident. What better way to defend a case than to ask about your injuries and, not wanting to be thought of as a complainer, you say something like, "Oh I don't feel anything really," or "I am not sure if I am hurt," or "I am a little sore is all." These real life statements have been used against clients who actually were more significantly hurt but either did not know it or did not want to be perceived as exaggerating a claim seem bigger than it was. Until you know your injuries and how long it will take to recover, you should not speculate on your condition and should be properly prepared before the statement.

Maybe the insurance company would like to ask about other accidents. They are adept at researching past claims and if you forgot that little fender bender two years ago and don't mention it "under penalty of perjury", later it will be suggested that you were not truthful.

The reason an insurance company wants the statement is to help defeat your auto accident claim. There really is no good reason to need it early in the case or before litigation. If litigation is required, your deposition is always taken. The insurance company would prefer you are not represented when they talk to you.

Therefore get a competent auto accident attorney to always advise you before giving a recorded statement. Call us if you want our attorneys to advise you free of charge, 1-888-752-7474 or Contact Us Online.