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June 10, 2022 by Greg Baumgartner
Unfortunately, giving a recorded statement to the other driver’s insurance company can be a mistake.
After someone is injured in a car accident and calls the insurance company to report their claim, the insurance adjuster usually asks for a recorded oral statement and may even attempt to settle the car accident case.
Here are some reasons why giving the insurance company a recorded statement is not a good idea and tips for handling your claim.
First, other than determining what exactly occurred in the crash there is no rule or requirement that the injured person provide a recorded statement to the adverse insurance company.
Many adjusters will try to bully their way to obtain a recorded statement by saying things like: “I can’t process the claim without it” or “Without a recorded statement, we will close the file.”
These statements tend to intimidate the personal injury victim, who ends up giving a recorded statement. That statement will be used against them. The questions are asked by someone who is trained to obtain information that may be useful in defending the case or denying the claim. But giving a statement can hurt a claim.
If the insurance company is your company, you may have a duty to provide a recorded statement. However, talking with a car accident lawyer in Houston, Texas, before you give a statement to the insurance company is recommended.
Understand that if you do give a recorded statement, everything that you say in the statement can be used against you at trial. Your recorded statement cannot help you at trial, but it certainly can hurt you. Car accident attorneys know how defense attorneys use the recorded statement you provided to the insurance company.
Even clear liability situations like being rear-ended, can lead to questions designed to defend your claim.
If you feel compelled to give the adjuster information regarding the accident, consider refusing a recorded statement instead of letting the adjuster take notes. The odds of this being used against you are much less because the adjuster would have to appear at trial as a witness.
Many insurance companies send their adjusters to classes to learn how to elicit responses that are helpful in defense of their case. While the adjuster may be simply trying to gather information, some adjusters clearly are attempting to create defenses by the way they asked their questions.
Questions with built-in assumptions such as “When did you first see the car” are used to help defend the case and argue for shifting responsibility if the case gets to a trial.
The insurance company may know about your injuries. The trap is when providing a recorded statement when you do not know the extent of your injury or need medical care. Personal injury attorneys in Conroe know it is not good to describe your thoughts on an injury before you are done being treated by your doctors.
One area that adjusters always inquire about in recorded statements is how you perceive the accident. Often, they are asked leading questions such as “When did you first hit your brakes?” Or “When did you first see the other vehicle?” or “What invasive actions did you take?” In each of these instances, they are assuming facts that may not be accurate.
Obviously, they are hoping that they can gather admissions from you, which may enable them to shift responsibility at least in part, to you for the crash.
Texas is a comparable responsibility jurisdiction, meaning that everybody’s actions are measured to determine fault in a crash. To the extent that the victim has some negligence attributable to them, it generally reduces their recovery amount of money recovered in the case.
Do not accept any offer of settlement while your medical prognosis and treatment are up in the air. Settling when you are not one hundred percent sure of your injury and recovery only shifts the risk of loss.
If the adjuster makes an oral offer and it is accepted, that acceptance may be binding on you even if your medical expenses are far greater than anticipated when you accepted. A recent Texas court has held that oral settlement agreements contained in a recorded statement or enforceable against the victim.
At the very minimum, if the other adjuster calls and you have sustained serious injuries, you should speak with a qualified personal injury attorney prior to giving any recorded statement.
Most car crash claims are separated into property damage and personal injury. One adjuster will handle the property damage in a separate adjuster will handle the personal injury claim.
Liability must be determined for an adjuster to pay a claim. But, in many cases, liability is clear, and a recorded statement is not necessary to fix liability. An example is a person struck from the rear while stopped at a red light.
Dealing with your property damage can be made much simpler by following the following guidelines:
We always advise victims never to consider settlement or payment of any sort because they’re still being treated for their injuries.
In very serious crashes, the insurance company frequently pushes for an early settlement open to shifting the risk of loss for extended treatment from their burden to yours. Quick settlements with ongoing treatment are never a good idea.
If you have not seen a specialist and are still experiencing problems, do not assume that your injury is simply what was diagnosed in the emergency room. Many more sophisticated tests, such as CT scans or MRIs, can reveal a diagnosis for spine injury that was unavailable to emergency room physicians because they did not run these more sophisticated test procedures.
Be very wary of questions about “all your injuries” when you do not know the extent of your injuries at the time the adjuster inquires. You are not a doctor and emergency room treatment is for emergencies and not ongoing help.
Do not get caught in the trap of telling the adjuster your injuries when you do not know their extent.
Crash victims have trusted the Baumgartner Law Firm for decades. Contact us to speak to an experienced auto accident injury attorney in Houston, Tx. Call us for a free consultation.
6711 Cypress Creek Pkwy, Houston, TX, 77069
Call (281) 587-1111
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Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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