Are You Required to Provide a Recorded Statement to an Insurance Company?

Insurance companies deploy various tactics to try to reduce the value of an accident injury claim against one of their clients. One strategy along these lines is to ask the injury victim for a recorded statement about the incident. They might even imply that it is required of you to provide such a statement. Otherwise, it could adversely affect the processing of your claim. But are you really required to give a recorded statement to an insurer?

The short answer is that you are not required to go on record with an official statement if it is not your own insurance provider. In addition, it is never prudent to offer a statement to the insurer for the other party without first consulting a lawyer. This statement will not be used for your benefit; rather, it can potentially damage your claim.

How a Recorded Statement Can Damage Your Accident Injury Claim

The job of an insurance adjuster is to investigate and settle claims in a manner that saves their company as much money as possible. A recorded statement helps achieve this end in the following ways:

The Potential Admission of Fault

If the adjuster can prevail upon you to admit even partial fault for the crash, it could seriously harm your claim. In states like Alabama, this is especially true as the doctrine of “contributory negligence” is applicable. Under this doctrine, a claimant can be prevented from recovering compensation if they are found to be even one percent at fault for the underlying accident or event.

Even if you do not admit responsibility, adjusters may ask leading questions to entrap you into a veiled admission of liability, which could be interpreted as showing partial responsibility for the wreck. Correlating with this, you should never apologize, express concern, or admit fault to anyone after a car crash.

Denial of Severe Injury

A recorded statement can also compromise your claim by locking you into statements that tend to minimize your injuries. For this reason, they will typically ask for the statement within just a few days of the crash. You may not even be aware of the full extent of your injuries at this point, as some symptoms don’t show up until later, and you may not have had all the medical examinations necessary for a complete diagnosis.

If they question you on how you are feeling during the interview and state something like “I feel alright,” or “everything is okay,” then such statements could be used against you in the future if it turns out that your injuries are more serious than you initially thought.

Inconsistencies in Your Version of Events

In continuance with the last point, providing a recorded statement to the insurance provider puts you on the record. If you say something else in the future (such as your injuries are more severe than you first believed) it could be used to question your credibility. A few days following a car crash, an injured individual is typically disoriented and confused, which could certainly impact the answers that you provide an insurance adjuster. You may leave out a vital detail, forget something, or something similar, which could be used against you later.

Acquiring Personal Information

Remember, be very cautious opening up to insurance adjusters who pretend to be your best friend. Oftentimes, they are searching for personal details that they could use against you. For instance, maybe you have been facing financial challenges lately, and you let the adjuster know that you could really use the compensation. By admitting this in a statement, you might end up with a lower settlement award as they know you need the funds.

What Should I Do if Asked to Provide a Recorded Statement?

If an insurer asks you for a recorded statement, it is best to politely refuse and inform them that you will need to consult a lawyer first. Irrespective of how much they try to pressure you into giving a statement now, it’s not wise to do this without having your case assessed by a lawyer and being informed of your options and rights.

Never Approve or Sign Anything without First Consulting an Attorney

An insurance company representative may ask you to sign paperwork that offers the insurer access to your health records. Many car accident victims think they have nothing to hide and may also believe that the insurer has a right to view these records. Based on that, they simply agree to this request, which can be a colossal mistake.

In fact, insurance adjusters can only view medical records that are reasonably related to your accident and subsequent injury. The adjuster cannot go through all your medical records without your consent. Therefore, you should never give them access to your personal information when you are not legally required to do so.

Have you been a Victim of a Personal Injury in Alabama? We can Help

The seasoned legal team at Burge & Burge is ready to assist you to seek full and fair compensation after suffering a personal injury. Don’t wait to contact our office and learn more about how we can help. Our initial consultations are always complimentary, and we do not charge any fees until and unless we recover compensation for you. Call today at 205-251-9000.