When you’ve been injured in a car accident, you may choose to file a personal injury claim. There are certain steps you must take to obtain compensation for damages, and one of them is talking with an insurance adjuster. During this conversation, you may be asked many questions as well as to provide a recorded statement. This may seem like a standard, basic request, but there are potential pitfalls in giving one.
The experienced Kansas City auto lawyers at Peterson & Associates, P.C. understand that giving a recorded statement to the insurance company as part of the accident claim process can seriously jeopardize your injury claim. Here, we discuss the pros and cons of giving a recorded statement, and why it’s important to make an informed decision before letting an insurance adjuster record your conversation.
Why Insurance Companies Ask for a Recorded Statement in Accident Claims
As part of their standard claims investigation process, insurance companies often request recorded statements from accident victims. Their goal is to gather information and details about how the accident occurred and the extent of your injuries. At the surface level, that all sounds logical and legitimate.
However, it's important to remember that insurance companies are for-profit businesses, and their real goal is to minimize their payout to accident victims. While an adjuster may sound caring and concerned and use a sympathetic tone, they are trained to ask you questions in a way that may cause you to make mistakes that can put your compensation at risk. They may also use any inconsistencies between your recorded statement and other evidence to deny or reduce your claim.
You are not legally required to give a recorded statement. However, if you refuse to do so, the insurance company may argue that they can’t adequately investigate the accident without your cooperation and attempt to delay processing your claim. As the accident victim, you’re then put in a difficult position: you want a quick resolution, but you also want to protect your legal rights.
Know the Risks of Giving a Recorded Statement Without Legal Counsel
If you choose to provide a recorded statement to the insurance company, there are several risks to be aware of, especially if you do so without the guidance of a Kansas City auto lawyer. Here are a few of the ways you might jeopardize your claim:
You Might Accidently Admit Fault
Insurance adjusters are skilled at asking leading questions that may trick you into admitting fault, even if you weren’t to blame. If, for example, you apologize for what happened or say “you feel awful about the crash,” you may be expressing a natural human response; however, an insurance company can use this as an admission of guilt. Even if you were making the statement in regret or sympathy to any other injured party, the insurance company may argue that you said it because you knew you were responsible.
If You Acknowledge a Traffic Violation
If you admit that you were driving a little over the speed limit, didn’t fully stop at a stop sign, or didn’t fully yield, the insurance company may use this as evidence that you were negligent. Even if the at-fault driver’s actions were the primary cause of the crash, your acknowledgment of a traffic violation could reduce your potential compensation.
Admitting You Were Distracted
If, during your statement, you mention that you answered a phone call or were engaged in any other distracted driving behavior, the insurance company may argue that the distraction caused or contributed to the crash. Even if the other driver was the primary responsible party, any admission you make of distraction could assign a portion of the blame to you.
If You Agree With the Adjuster’s Assessment
An insurance adjuster may make statements that shift the blame on you, but they do this in a subtle way that isn’t accusing. They may say, “Maybe if you had reacted quicker, you could have avoided the accident,” or “It seems you could have been more cautious.” If you agree with these statements or even fail to challenge them, the insurance company may say it’s an admission of guilt on your part. Instead, politely disagree or state that you do not feel comfortable speculating about fault without first consulting with your attorney.
How to Protect Yourself if You Choose to Make a Recorded Statement
It’s important that you not admit fault during a recorded statement. Our injury lawyers offer the following tips for avoiding common mistakes:
- Don't volunteer unnecessary information. When the adjuster asks you a question, answer it truthfully, but don’t provide unnecessary details. Give a brief, direct response to avoid accidentally revealing information that could be used against you.
- Stick to the facts. Only give factual information about the crash, and leave out any speculation or personal perspectives. Avoid offering your opinion about what you believe happened.
Why You Need a Kansas City Personal Injury Lawyer
One of the best ways to protect yourself from accidentally admitting fault during a recorded statement is to have a skilled Kansas City auto lawyer by your side. Your attorney can help you do the following:
- Prepare you for the statement. Before your recorded statement, your lawyer will review the types of questions you can expect and coach you on how to respond in a way that protects your interests.
- Encourage you to say "I don't know" when appropriate. If you're asked about something you're unsure about, it's perfectly acceptable to say that you don't know or can't remember. Your lawyer will prefer that you be honest about uncertainty rather than speculating.
- Identify leading questions. During the statement, your attorney can observe the adjuster's questioning and object to any inquiries that are designed to trick you into admitting fault.
- Clarify your responses. If you say something that could be misconstrued, your lawyer can step in to clarify your meaning and ensure that your words are not taken out of context.
- Assert your rights. If the adjuster becomes aggressive or crosses a line, your attorney can assert your rights and, if necessary, terminate the statement to prevent any further potential damage to your claim.
When you consult with an experienced Kansas City auto lawyer before giving your recorded statement, you can significantly reduce the risk of accidentally admitting fault and protect your right to fair compensation for your injuries and damages.