In this episode Attorney Chuck Franklin tells you what to do if and when someone else’s insurance company calls you and asks for a statement.
Today I’m going to talk to you about an issue that has come up within the last few weeks. Why now, I don’t know?
As you know, I do a lot of accident injury representation and I have had quite a few clients in here over the last couple of weeks who have given statements to the other driver’s insurance carrier before they have come to me. It is the job for these adjusters to call you and reach out to you repeatedly trying to get your recorded statements so they can box you into a corner, later. That’s their job, to box you into a corner, saying that “it wasn’t all that bad”, “your injuries were not that bad”, “the accident was inevitably your fault”, “the injuries will not last forever” or “that you a feeling good today”. They want you to get on record stating those things, so they can throw it in your face when you submit a demand package to try and settle a case down the road.
First rule of thumb is; do not allow a recorded statement to be given to an insurance carrier that is not your own! Not until you have spoken to an attorney!
Second thing is; Your own insurance company may ask for a recorded statement, and because of a clause in your insurance contract with your carrier that says “you have to help them and cooperate in their investigation of the facts” you have to give them a recorded statement. So, if it’s your insurance carrier that’s usually fine, you can give a statement, but if it is the other parties carrier do not give a statement, until you have contacted a lawyer.
Moreover, when the accident occurs, typically the police are called and assuming you are giving some kind of version of your facts of what occurred you have to remember to stay calm. Be real careful, try to relax as best as you can and pick your words very carefully. If you are in a situation where you have been drinking and you are in an accident my best advice is to just keep your mouth shut to anybody at the scene and you definitely need to speak to an attorney even before you give a statement to your own insurance company, or anybody for that matter. If in fact you may have had a couple of beers in you and you have given a statement to someone it, can come back to haunt you, from not only a civil standpoint in an insurance claim but also a criminal standpoint.
So, remember if there is anything to worry about the best thing is to keep your mouth shut unless you have talked to somebody, like me. But, if that’s not the case you have to cooperate with your insurance company in the investigation but not the other side. I hope that helped you out here a little bit, thank you.
If you or anyone you know needs legal assistance of any kind do not hesitate to contact Attorney Chuck Franklin here: (480) 545-0700