Do I Need to Give a Recorded Statement to the Insurance Company?
You do not need to, and you should not, give a recorded statement to the insurance company of the person who struck you on your motorcycle. Let's talk about why.
Insurance companies hire adjusters to save them money. They don't hire these adjusters and train them to help you through the claim process. Just ask any person dealing with an insurance adjuster after the devastation of Hurricane Katrina how cooperative and helpful the adjuster was.
The adjuster is instructed to take your statement, asking you about the accident, your injuries, and your past medical history. They want to encourage you to talk on tape. The only reason to record your statement is to use it against you at a later date. They can take notes but notes are not admissible in court. Stated again, the only reason they want a recorded statement is to use it against you in court. You do not need to give a recorded statement, and you should not give it without an attorney present to protect you.
Don't underestimate the power of the recording, and the slipperiness of the questioning. You may not recall the prior injury to your knee or how much treatment you received. Maybe you only saw the doctor once for your knee and it slipped your mind. If you answer that you had no prior history of knee problems, the defense attorney will try to use that evidence to dilute your case or your credibility.
If you overestimate the speed on impact, or give a version that is inconsistent with the police report, you damage your case. if the insurance company for the other party calls you and wants to speak to you, simply tell them that you will not give a recorded statement that you would be happy to talk to them. Of course, I would recommend that you contact an Orange County motorcycle attorney to represent you. We don't allow recorded statements until we know about the accident, the police report version, your injuries, and your past medical history.
If you think you need a motorcycle accident attorney, feel free to contact us with or call us at (888) 752-7474. We would be happy to talk to you about your case.
Call (888) 752-7474, or send over our free case
review form, even if you're not sure. We're here to help.
You were wonderful throughout my case. Thank you so much for taking the time to explain the process so that I could feel comfortable. When I was hurt, I really did not know where to turn and Suzanne was comforting and knowledgable. Thanks again for all you did.
- H.P.
