In Texas, any time you are in an accident, the insurance adjustor will ask for your recorded statement to get your version of the facts. Whether you should give the recorded statement depends on which insurance company you are talking to, first or third party, and whether you decide to hire an attorney. The third party insurance company is the other driver’s insurance. The first party insurance company is your insurance. Regardless of whether the adjustor works for your insurance company or the other side, the statement becomes a permanent part of the record, despite the fact that it is not under oath. So, be very careful in deciding whether to give a statement, and if you do, choose your responses carefully.
Let’s be clear, you should never talk to the third party insurance adjustor until after you have talked to an attorney. If you hire an attorney, he will do all of the talking for you to the third party adjustor.
Insurance adjustors always want to take your recorded statement right after the wreck. They insist that it is needed to make a liability determination on the case. They will tell you that if you refuse, they may not be able to determine fault and may not be able to pay to fix your vehicle or pay you for your legal damages. This statement could not be a more blatant lie. They are simply coercing you into giving statement so they can invade your privacy and start to build their defense to your damages case.
At Denena & Points, P.C. we have represented many clients who hired us after setting up their claims and giving a recorded statement to the third party adjustor. When we obtained the statements we discovered that in most instances the interviewer spent more than 50% of the statement time asking questions about damages, for example, injuries, lost wages, prior injuries, prior wrecks, and prior non-vehicular wrecks. Why do they ask these types of questions? What do these questions have to do with the liability aspects of your particular case? Absolutely nothing! They are simply taking advantage of an unrepresented person and setting up their defense to your damages case.
If it is your own insurance company requesting a recorded statement, you have a duty to cooperate in setting up the claim, which includes giving a recorded statement, if requested. If this is the case, here are a few pointers to keep in mind:
1. Don’t leave anything out about your medical history, if it is related to the injuries you sustained in the wreck.
2. Include everything that is hurting or feeling different since the wreck. Do not feel like you are whining about your injuries. If you do not mention it now, no one will believe you later.
3. Take time before giving a time or distance estimation. Most adjustors want you to tell them how far you were from the other vehicle the first time you noticed it or how long you were stopped before you were hit from behind. Do not guess and do not give unrealistic answers. Statements such as “I was stopped for 2 minutes at the stop light before I got hit” and “the other driver was going 70 miles per hour when she hit me” could come back to haunt you later on.
4. Most importantly, if your injuries are serious, talk to an attorney before giving a statement.