What is a Recorded StatementWhat is a recorded statement? If you want to know about a recorded statement, it is most likely because you have been asked to give one.
You probably were in a car accident that was not your fault. A few days after the accident, the insurance adjuster from the other partys insurance company calls you on the phone and asks you to give a recorded statement.
You want to know what you are being asked to give. What is a recorded statement?
What it sounds like
A recorded statement is exactly what it sounds like. It is a statement that you make, which is recorded. In your case, it is a statement that you make in which you describe your version of how the car accident took place, that is recorded by the other partys insurance adjuster.
So, you think, This is no big deal. The car accident was not my fault. All I will do is tell the truth. I will tell how the accident happened.
To begin with, in most instances, when you are the innocent victim of a car accident, you need to be represented by a personal injury attorney. A personal injury attorney will make sure that all of your rights are protected, and you receive all of the compensation that you are entitled to.
Can only hurt you
Most personal injury attorneys will advise you not to give a recorded statement to an insurance adjuster. The reason for this is because a recorded statement cannot help you in any way, but it can be used against you and hurt you.
What you should understand is that once you give a recorded statement, it cannot be changed, altered, corrected or expanded upon. In most instances, The Rules of Evidence only allow the recorded statement you give to an insurance adjuster to be used to contradict your testimony in court.
The insurance adjuster may try to pressure you into giving a recorded statement. You may be told that you are required to give one, and it is just for the record.
However, this is not true. You are not required to give a recorded statement unless the other partys insurance company obtains a court order that requires you to give one, which rarely happens.
On the other hand, if your insurance company wants you to give a recorded statement, most of the time, it is a good idea to give one. However, if your personal injury attorney advises you not to give a recorded statement to your insurance company, you are not required to give one without a court order to do so.
One thing to keep in mind in deciding whether to give a recorded statement to your insurance company is that if you are asked to give one and do not do so, your insurance company does not have to keep on paying your PIP benefits (Personal Injury Protection). These are benefits that you may need in order to receive necessary medical care.
Once again, if you are the innocent victim of a car accident and are being asked to give a recorded statement, the best thing to do is to contact a personal injury attorney and have your case evaluated at no cost or obligation to you.
Article written by James Shugart
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