Are You Required to Provide a Recorded Statement to an Insurance Company?
After an accident, you might feel like your phone is ringing off the hook. You’ll get calls from your insurance company, the other party’s insurance company, and people checking in to see if you are okay. But what can you say to each person and what will harm your case? If the other party’s insurance company asks you to make a recorded statement, know your rights and your options.
If you’re considering a personal injury claim after a car accident in Virginia, the team at Pack Law Group can help. Give us a call at 540-586-7225 to set up a free consultation.
Why They Want a Recorded Statement
First, you should know why the insurance company wants a recorded statement. Hint: it’s not because they want to know how much damage their client has caused so they can give you a full and fair settlement.
The insurance company generally asks for recorded statements to look for discrepancies between the statement and your other statements and reports, including those given to the police and found on social media. Any discrepancies they find may hurt the validity of your claim and give them reason to decrease what they offer you.
They may also ask for a recorded statement if their client’s version of the accident doesn’t make sense or has changed multiple times. In some cases, your story is really just used to get to the truth. However, you should go in with the mindset that what you say can be used to damage your claim, and do not provide a recorded statement without first speaking with an attorney.
How a Recorded Statement Can Impact Your Claim
Upon giving a recorded statement, you should expect whatever you have told the insurance company to affect your claim. Imagine, for example, you report some neck tenderness but no real pain anywhere else. However, in the days that follow, you begin feeling intense lower back pain and suffering migraines. Since those symptoms were not mentioned in your original statement, you may not be able to receive compensation for those injuries.
Furthermore, if there are any differences between your recorded statement and the statement given to police or others involved in the investigation, your words could come under further scrutiny. Even tiny, irrelevant differences in these statements could be used to weaken your credibility and make it more difficult for you to get a fair settlement.
Bottom line:if you’re giving a recorded statement to the other party’s insurance company, you should know that it will only work against you. It is extremely unlikely to ever help you.
What to Do When They Ask
So, if a recorded statement can damage your personal injury claim, what should you do? First off, speak with a personal injury attorney as soon as possible. If you retain the services of an attorney, they can take over communication with the insurance company and get an understanding of your case.
One of the things an attorney will do is field any requests for a recorded statement. They will advise you on whether or not you should comply, and they will tell you if there is any legal reason you must comply. If you do decide to go on the record with a statement, your attorney will tell you what to say, what not to say, and what to expect during the conversation.
No matter what, you should not give a recorded statement to the insurance company without discussing your options and your rights with an attorney. Without knowing the possible consequences of a recorded statement, you run a very real risk of giving inaccurate or incomplete information, damaging your case, and ruining your chance at a fair settlement.
When Your Insurance Company Asks
The situation is a bit different if your own insurance company asks for a recorded statement. First off, it is unlikely that that this will happen. However, some companies do this as a matter of procedure. If yours does, you should still discuss the situation with your attorney. Know, though, that it’s less likely to damage your case than a recorded statement given to the opposing side’s insurance company.
Turn to Pack Law Group for Help with Your Personal Injury Claim
Have you been hurt in an accident? Don’t fight for compensation alone—we can help. Learn more about how you can get the settlement you deserve by calling Pack Law Group at 540-586-7225 or reaching out online.