Insurance companies go out of their way to encourage people to give them a recorded statement. They do this to help reduce the amount of money they will have to pay on a claim. The reason that recorded statements are so tricky, is that most people think that they won’t hurt their case by giving the adjuster a recorded statement, or they think they have to give a recorded statement or else the insurance company won’t fix their car or pay their bills. But before you give a recorded statement, get the help of a lawyer. Let him tell you if you have to give a statement or not. Let him tell you what questions you do or don’t have to answer.
Here is how and why recorded statements are so dangerous. The questions they ask you are designed to be used against you later. For example, they will ask you what injuries you received from the accident. If you leave out one injury, they will later accuse you of lying, and will say, now you complain of a knee injury, but when we took your recorded statement right after the accident, you did not say anything about a knee injury, so you must be making this up to make a profit from the accident case.
The second biggest way they use a recorded statement against you, is by getting you to guess at an answer about how the crash happened. Or get you to say that you don’t know something about the accident, then later use this against you. For example, they may ask how fast was the guy going who rear ended you. And you might say, I think he was going at least forty-five miles per hour. And you just say this since the crash felt really hard. But later, the facts indicate that the property damage was minor and that his speed was closer to ten to fifteen miles per hour. So then they may say, wow . . . .you were really exaggerating the speed when we took your statement, so, are you now exaggerating your injuries today? See how tricky this can be! Or another example is when they ask you where the other car came from, and you say, I don’t know. They then make up a plausible explanation of why their insured was not at fault since you can’t say what they did wrong. The only reason you answered I don’t know is because you have not had the time to really investigate the whole thing, or see all of the information and evidence. And so when you gave the recorded statement, it was unfair to you since you were not yet fully able to know many things about how the accident happened.