Should I Give a Recorded StatementShould I give a recorded statement? If you have been in a car accident in which you were injured, this is an extremely important question.
A recorded statement is a statement that an insurance adjuster asks you to give in which you tell your version of how the car accident happened. As the name implies, the insurance adjuster records your statement.
The car accident was not your fault. It was the other drivers fault.
Two insurance companies
You will most likely be dealing with two insurance companies. You will be dealing with your insurance company who is paying the medical bills for your injuries through your Personal Injury Protection (PIP). You will also be dealing with the liability insurance company of the driver who hit you.
If your insurance company asks you to give a recorded statement, in most instances, you will probably need to give it. You cannot be forced without a court order to give a recorded statement to your insurance company.
Does not have to pay
However, if you are asked by your insurance company to give a recorded statement, and you do not; your insurance company does not have to continue to pay your Personal Injury Protection (PIP) benefits. Many people have to have these benefits in order to get the necessary medical care that they need.
Most of the time, it will be the other drivers liability insurance company that asks you to give a recorded statement. Should you do it? Should you give the other drivers insurance company a recorded statement?
You should never, ever, under any circumstances give a recorded statement to the other drivers insurance company. The only exception to this is if the other drivers insurance company gets a court order for you to give a recorded statement, but this is rare.
You may say, The car accident was not my fault. All Im going to do is tell the truth. Surely, the truth cant hurt me.
It goes without saying that you are going to tell the truth. However, the question that you need to be concerned with is, Can my recorded statement help me?
The answer is, NO. Your recorded statement cannot help you in any way. It can only hurt you. It can only be used against you.
There is only one reason why an insurance adjuster wants you to give a recorded statement. It is to pay you as little money as possible.
Once your recorded statement is given, it cannot be corrected or expanded upon. The Rules of Evidence usually only permit your recorded statement to an insurance adjuster to be used for the purpose of contradicting what you say at trial in court.
It should be clear by now that a recorded statement can only hurt you. It cannot help you in any way.
If the other drivers insurance company gets a court order forcing you to give a recorded statement, if you have not already done so, you need to have a personal injury attorney on your side. A personal injury attorney will guide you through the process of giving a recorded statement and make sure that your rights are protected.
Article written by James Shugart
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