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Recorded Statement

After a car accident, both your insurance company and the insurance company of the at-fault driver will attempt to determine the party responsible for the damages. During this process, either company may ask the victim to give a recorded statement about the claim. It’s important to remain cautious if you give a recorded statement for insurance claims. This could unfairly decrease the value of your case.  

Why Does My Insurance Company Want a Recorded Statement?

An insurance company may request to make a recorded statement in various situations. Once you have reported the crash to your insurance, they may ask you to provide a statement. This statement will help determine who is at fault for the accident. They may also want information about your damages and injuries.  

The at-fault carrier may ask everyone, including the victim, for an insurance statement. Their aim is to limit the responsibility of the at-fault party and to place some blame on the victim, if possible. The at-fault carrier may be pushy, stating that the claim can’t move forward unless a statement is given. 

Do I Have to Provide an Insurance Statement?

There is no duty for the victim to provide an insurance statement to a third-party or at-fault provider. While the at-fault carrier may make it seem like this recorded statement has to be provided. It is never required. Recorded statements for insurance given to the provider at fault can be used against you during litigation.  

But if your own insurance requires a recorded statement, the insurance policy (a contract) may require you to do so. Keep in mind that even a statement to your own insurance company can later be used against your interests in the litigation. For example, if the defendant driver did not have insurance at all. Your UIM (uninsured motorist) coverage may be needed to compensate you for your claim. Even though you would be making a claim against your insurance policy, the company will want to limit the amount it has to pay you for your claim.

What Are Common Mistakes Made When Providing an Insurance Statement?

If you decide to or are required to provide a recorded statement to an insurance company, it is important to keep your guard up. The insurance provider for the at-fault party may ask you questions that are very specific or impossible to answer. These questions are intended to overwhelm you into providing more information than necessary.

In addition, questions may contain traps that could be used against you during future litigation. For example, you could provide a recorded insurance statement saying that you don’t have neck pain after the accident. However, if the pain develops later, your earlier statement could be used against you during litigation.

How Can a Personal Injury Attorney Help When Providing a Recorded Statement?

Most personal injury lawyers or accident attorneys will caution against providing a recorded statement to the at-fault carrier. But in certain cases, and when dealing with the client’s own insurance company, a recorded insurance statement may be needed. Our personal injury attorneys have extensive experience working with clients to prepare for recorded insurance statements.

If you are being asked to provide a recorded insurance statement, a car accident attorney at Habush Habush & Rottier can help you navigate the process. Contact us today to discuss the details of your situation, and learn more about what to do after a car accident.