After you have been injured in an accident, you may be looking to file a claim with your insurance company. While making a claim, you may be asked by the insurance company to make a recorded statement. So, what are you supposed to do? Well, the attorneys at Paxton Law Firm are here to walk you through the process so you can be prepared in the event you are asked to give a recorded statement.
Reasons Adjusters Use Recorded Statements
As with any accident that occurs, there are multiple perspectives to a story. An insurance adjuster’s job is to get a statement from you about your perspective of the incident. The recorded statement gives you a chance to tell the story from your side, and for the adjuster to get a full view of the situation. This recorded statement is then compared to the information given in police reports, witness statements, other people involved in the incident, etc.
Are You Required to Provide a Statement?
The simple answer is, no. You are not required to provide the insurance adjuster with a recorded statement. If you do not provide a recorded statement they will still be able to piece together the information from the other documents, but it just may take a bit longer. This is not a bad thing. The claims process may take a bit longer, but you will not be in danger of being denied a claim.
Why a Recorded Statement Can Be Dangerous
There are many reasons why a recorded statement can be dangerous. Because insurance companies are a business, they are looking to decrease the amount they have to pay you. Insurance adjusters, by extension, are acting on the behalf of the insurance companies. While they can possibly come off as sweet or warm, insurance adjusters are trained to make you question yourself and your answers. They are constantly looking for ways to lessen the amount of money they have to give you in a claims settlement.
They may do this by:
- manipulating your statement
- causing you to inadvertently admit fault
- eliciting statements from you that lessens your settlement amount
- rush you into giving a statement
- pressure you to accept a low settlement amount
- getting a statement early, before you have had time to talk to a lawyer
How to Decline a Recorded Statement
As you can see, there are a variety of tactics that insurance claims adjusters can use to manipulate the amount they provide you in a claims settlement. Any information or recorded statements you provide can be used against you as proof of fault or to lessen the amount they pay you. That is why it is important to decline a recorded statement if asked for one.
When you get a call from your insurance company, you have a few options. You can decline a recorded statement, postpone your statement, or send a written statement. To decline a statement you can simply explain that you decline to give a recorded statement, as is your right under Texas law. You can still give them basic information such as your name, address, phone number, etc. but nothing else. If they push a settlement amount onto you, make sure to decline or reject the settlement amount until you have had time to thoroughly review it.
If you choose to postpone the statement, this gives you time to speak with a lawyer and seek out any medical treatments. Finally, if you choose to write your statement, this gives you the opportunity to choose your words carefully and consult with a lawyer before handing over your statement. In general, it is a good idea to speak with an attorney before providing the insurance company with a recorded statement or accepting a settlement amount.
Work with an Experienced Attorney
The lawyers at Paxton Law Firm have had years of experience dealing with insurance companies and adjusters. We know the tactics they use and the way they manipulate people into saying things they don’t mean. With our team of attorneys on your side, we can fight to get you the compensation you deserve. Are you struggling with an insurance claim at the moment? Call the attorneys at Paxton Law Firm (281) 978-2244, or schedule a free consultation.
