What Is A Recorded Statement and Should I Give One?

If you are in a collision on the road, the first thing you might think of is talking to an insurance agent. The insurance company for the other driver involved will likely be eager to have their insurance adjuster speak with you as quickly as possible and get you on the record with a recorded statement. A recorded statement is a Q & A session of what happened during the accident and what your injuries are, that is recorded by the insurance company adjuster, usually over the phone. At Springer & Lyle, we would definitely advise against giving a recorded statement to an insurance adjuster without speaking to an attorney first.

Our firm is interested in protecting you from making mistakes in recorded statements that may keep you from getting the best possible outcome for your claim. Insurance adjusters usually aim to minimize what their company will pay on a claim. To accomplish that, they may:

• Try to prod you into making a mistake: It’s known that car accidents can cause stress, and in some extreme cases, lasting post-traumatic injury stress. If you are feeling the effects of stress immediately after an accident, or even days later, you can be more prone to making a mistake in a recorded interview.  Insurance adjusters know this and may use it to their own advantage. A lawyer can help guide you through any potential statements and speaking with a lawyer may put you at ease knowing you have someone on your side.
• Ask leading questions: Your conversation with the insurance adjuster will be admissible evidence under Texas law. As such, the insurance adjuster is likely to ask questions that will lead to an answer in their favor. Seemingly innocent questions about how the wreck happened or whether your injury is healing can lead to an answer the insurance company wants to hear. If you think of your conversations with them as potential evidence in a settlement conference or court proceeding, you would not want to speak to an insurance company without a lawyer’s advice.
• Cause you to misstate the extent of your injuries: Leading questions or other lines of inquiry by the insurance adjuster may cause you to be on the record implying that your injuries are not as bad as they really are or turned out to be. You may tell them you can’t pinpoint anything specific early on, only to be diagnosed with a significant injury days later. An experienced car accident attorney can help you avoid this undesirable outcome.

The personal injury attorneys at Springer & Lyle can help you obtain the reasonable compensation you are entitled for your injuries, lost wages, medical expenses, pain and suffering, physical impairment and other damages. Contact us at 940.387.0404 for a free consultation.