If you were in a car accident, there are a few tasks you should complete after the crash to protect yourself. Examples include getting medical treatment, filling out a police report, and contacting a personal injury lawyer. You can also report the car accident to your car insurance company.
However, you are not required to give a statement to the other driver’s insurance company. In fact, it’s recommended that you avoid contact with their insurance provider until you’ve talked to your lawyer. Consider why this is and what to do next.
What’s A Recorded Statement?
When the other driver’s insurance company asks for a statement, they want to hear your side of how the accident happened based on your answers to some questions. In particular, the adjuster will record you answering questions about when and where the crash occurred and what led up to it. They might also ask about your injuries and the damage to your car.
If you give a recorded statement, remember that the other driver’s insurance company does not want to pay for your expenses. If it’s determined that the other driver caused the crash, the insurance company will be expected to pay, so they have a clear reason to avoid liability. As such, be very careful about how you answer questions, and if you’re not sure about something, do not answer.
How Can An Insurance Company Use The Statement Against You?
If you know you didn’t cause the accident, you might assume that as long as you answer the questions honestly, there’s no way for the recorded statement to be used against you. But you might be surprised at how this happens.
For example, the insurance company might get access to the police report to compare that description of the crash to your recorded statement. If any details are different, they could claim that your recollection is not accurate, and therefore, they won’t accept liability.
Of course, if it’s been weeks or months since the accident, you might forget to mention a detail that you wrote down in the police report. This doesn’t mean you’re liable for the crash, but the insurance company will try to claim this is the case. That’s why most car accident lawyers advise clients not to make statements.
How Should You Respond?
If the other driver’s insurance company asks for a statement from you, it’s best to politely say no. When you hire a personal injury lawyer, you can ask them if you should make a statement. If your lawyer says you should, they can walk you through what to say or even advise you to make a written statement instead.
If you need to talk to a lawyer, contact our Santa Fe law firm today at 505-983-3272. Our legal team will help strengthen your claim after a crash, so you get the settlement you deserve.
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