How Insurance Companies Can Use Your Recorded Statement Against You

Car Accidents On Monday, September 16, 2024

If you are involved in an accident in Connecticut, you may need to file an insurance claim or personal injury lawsuit to pay for your medical costs and other losses. While insurance providers advertise that they care about their clients, this is not really the case. Insurance companies prioritize their profits above everything else.

To protect your rights and maximize your compensation, consulting with a Meriden personal injury lawyer can be invaluable. When speaking to an insurance representative, you should always say no to recorded statements for your own protection.

What Is the Recorded Statement?

When a claim is filed with an insurance company, the carrier will assign someone with the title of “insurance claims adjuster” to assess the case. The adjuster will contact the claimant soon after the accident (often the same day) and ask questions about the incident and any injuries caused. 

As part of the investigation, the adjuster will ask the claimant to give a recorded statement. This is a statement from the claimant that the insurance company will record and keep on file to use later. It is important to know that you do not have to (and typically should not) agree to give a recorded statement to an insurance claims adjuster.

The Risks of Giving a Recorded Statement 

When an insurance company asks for a recorded statement, it is not to process the claim or gather facts, as the adjuster may allege. It is to create a record of the claimant speaking about the accident and his or her injuries to ideally use the statement to undermine the claimant’s claim later.

An insurance company can use a recorded statement in various ways to protect itself from liability during a claim, such as:

• Finding inconsistencies in the claimant’s story after receiving subsequent communications
• Arguing that the claimant is not a credible or reliable witness
• Using the statement as a confession or admittance of guilt 
• Misinterpreting or twisting the statement to use it against the claimant
• Using the statement as leverage for a claim of insufficient evidence
• Pressuring the claimant into accepting a lowball settlement offer

Most insurance companies attempt to get a recorded statement early on, before the claimant fully understands the facts of the case and the extent of his or her injuries and losses. This way, they increase the chances of finding discrepancies in the claimant’s story later, once the individual has learned more about the event.

What Should I Say if Asked to Give a Recorded Statement?

It is generally in your best interest to say no when asked to give a recorded statement by an insurance claims adjuster. You are legally not required to give a statement before speaking to a personal injury attorney. Even if the adjuster says the insurance company cannot process your claim without a statement, politely decline. State that you will submit a statement after consulting with a Meriden car accident lawyer.

Throughout the insurance claims process, keep your answers to insurance company questions short and simple. Do not admit fault for the accident or give details about your injuries. Most importantly, do not accept a settlement offer or sign anything until you have spoken to an attorney.

Contact a lawyer near you as soon as possible for assistance after a harmful accident of any kind in Connecticut. You can trust your attorney’s advice on how to deal with an insurance company during your claim, including what to do about the recorded statement. A Loughlin Fitzgerald lawyer will ensure that you are treated fairly by an insurance company every step of the way.