Usually after a collision, the insurance companies want to take a recorded statement from each driver or witness. A recorded statement is usually done over the phone and lasts approximately 10 to 15 minutes. Most recorded statements are fairly innocuous. The insurance adjuster is simply trying to get some basic information. Sometimes, however, the recorded statement questions are deceptive. We’ve had cases where insurance adjusters, later on, attempt to use the recorded statement to refute or rebut what was said days after the collision. Often the questions have to do with what injuries were incurred in the collision before you’ve had an opportunity to even realize all the injuries you’ve suffered. For this reason we typically advise against giving a recorded statement. If you give a recorded statement, ask to have your own legal representation available. You may have a duty under your insurance policy to give your own company a recorded statement. You have no duty, however, to give your recorded statement to anyone else. The old adage what is good for the goose is good for the gander often comes to mind when I discuss recorded statements with insurance companies. When they ask to take my client’s statement, I typically ask to take their insured’s statement. They never agree to this. You have to ask yourself why are they unwilling to share information. It must be because they’re not as interested in the truth of the matter as they are with controlling the claim to control the ultimate cost of the claim.
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