A lot of times after a person has been involved in a car crash, the at fault party’s insurance company gives them a call, sometimes hours after the collision, and asks for a recorded statement. Hardly ever is giving a recorded statement beneficial for the injured person and more often than not it can hurt his/her chances at recovery.
Unfortunately, most people do not see the harm in providing a recorded statement. Most believe that they were not at fault for the accident, were hurt from the accident, and the insurance company will make them “whole” after the accident if they agree to provide the recorded statement. Regrettably, this is not the case and instead of using that recorded statement to make the injured party whole, the insurance company uses it to discredit and sometimes take out of context a person’s words. This is especially true when the insurance company calls hours after the collision. When there is such proximity from the accident to the call, a person cannot be sure that they fully understand the extent of his/her injuries and should not be giving a detailed depiction of the collision itself. There is a good chance that hours after an accident, a person has not had the chance to fully digest the collision, what happened, may be experiencing the symptoms of shock, and are not able to fully realize their situation or their injuries.
This is why we always advise people who are on the fence about retaining a personal injury attorney to not provide a recorded statement until they make their decision. After we are retained, we are able to exert some control over the questions asked, format the conversation, and are able to take independent notes of what was said. Without us being there, the insurance company is able to retain the recording and independently assess how the conversation went. Absent filing a lawsuit, the insurance company is under no obligation to produce the recorded statement to the injured party.
Unfortunately, the insurance company is aware that having an attorney on the line can be beneficial to a person’s case, which is why the call to obtain the recorded statement can come hours after the accident. If you are in this situation, politely refuse to give the recorded statement and make the decision whether you are going to hire a personal injury attorney early. We are here to help. Not only by guiding you through the recorded statement process, if we determine it beneficial to provide, but also ensuring you the most recovery for your case. There are many mistakes that can be made early on in a personal injury situation that can limit your recovery and with our experience; we can help you avoid those.
In short, if you were involved in an accident and the insurance company asks for a recorded statement, politely say no thank you and think about whether you want to hire an attorney before returning the call.
If you have been injured in an automobile accident or as a result of someone’s negligence, please contact attorney Nicholas Dollenmaier at 847-705-7555 or via email at
ndollenmaier@lavellelaw.com
to discuss your case and help get the compensation you deserve.