So, here’s a scenario we frequently encounter at our office: you’ve been involved in a car accident and, within a few hours or days after the crash, you get a call from somebody telling you they are an insurance representative. They tell you that it’s urgent and that they need to speak with you about the crash right away. Well, what do you do when this happens?
After a car crash, you may be injured, confused, and just generally stressed about the whole situation. You’re worried about how to get your car fixed, whether you need to see a doctor for your injuries, whether you are going to miss time from work, and a hundred other things that are causing you grief and anxiety. Under the circumstances, a call from an insurance adjuster can be worrying and end up causing you even more stress than you are already experiencing due to the accident.
Before you speak to anybody from the insurance company, you need to understand what your rights and responsibilities are after a car accident in Florida.
What is a recorded statement?
A recorded statement is just what it sounds like – it’s a recorded interview, usually done over the phone, where an insurance adjuster asks you a bunch of questions about the accident. The adjuster may ask you questions about how the accident happened, how fast you were driving, whether you were wearing your seatbelt, whether you were injured, did you seek out medical treatment, etc. These are some of the standard questions the adjuster may ask you during the recorded statement, but there are many, many other topics that the adjuster might bring up during one of these interviews. Since this interview is recorded, it is important that you keep in mind that it can be used by the insurance company in the future when evaluating your claim, potentially to your disadvantage.
Are you required to give a recorded statement?
Well, that depends on the circumstances.
But before we even get to a more specific answer to the question, there is one thing you should do before you even consider giving any recorded statement to the insurance company – CALL A PERSONAL INJURY LAWYER!
A personal injury lawyer can walk you through the steps in more detail and advise you on whether you need to give the statement in the first place. If it turns out that you do need to give a statement, a lawyer can prepare you for the statement and explain to you what you should expect during the interview and caution you about what you should be watchful for.
We’ve seen cases where a person gives a recorded statement and, due to their confusion or misunderstanding of the questions, they ruin their entire case by giving bad answers to the adjuster’s questions. Don’t be that person! Call an attorney before you give any recorded statement to the insurance company.
What if your own insurance company calls?
- If your own insurance company calls you, you likely will have to give a recorded statement. If you refuse to give a statement, the insurance company can deny you benefits based on your lack of cooperation in their investigation.
- But this part is important: just because you will have to give a recorded statement does not mean that you must give it right away when your insurance adjuster calls you. That’s one of the reasons why you want to get in contact with a lawyer after your accident - so the lawyer can communicate with your insurance company and schedule the interview at a mutually agreeable time. And that way, in addition to making sure you have time to get prepared for the recorded statement, the attorney can also be on the phone line and listen in to what you say during the statement. So, if your insurance company calls you and asks you to give a recorded statement, don’t refuse, but instead just tell them you are willing to give the statement when your lawyer is available.
- When the time comes and you do give a recorded statement to your insurance company, keep in mind that you need to tell the truth. You cannot lie or make things up when you’re giving one of these statements. With that said, make sure to speak with your attorney so you can be adequately prepared for the interview.
What if the other driver’s insurance company calls you?
- Generally, you are not required to give a recorded statement when the other driver’s insurance company calls you. In fact, you should never, never under any circumstances agree to give a recorded statement to the other driver’s insurance company without first speaking with a lawyer. In almost all situations, your lawyer is going to very strongly advise you not to speak with the other driver’s insurance company at all about the accident.
- Why shouldn’t you give a statement to the other driver’s insurance company? Well, during a recorded statement, the other driver’s insurance company is almost certainly going to try to get you to say things that are harmful to your case and which can cause you big problems for your claim. They may try to trip you up so you give inaccurate information or so you have inconsistencies in your story. You do not want to fall into their trap.
- The takeaway here is: DO NOT GIVE A STATEMENT TO THE OTHER DRIVER’S INSURANCE COMPANY WITHOUT FIRST CHECKING WITH YOUR PERSONAL INJURY LAWYER. IF SOMEBODY FROM THE OTHER DRIVER’S INSURANCE COMPANY CALLS YOU, TELL THEM THEY HAVE TO CALL YOUR LAWYER.
Call Law Offices Cytryn & Velazquez, P.A. before you give any recorded statement after a car accident
If you’ve been injured in a car accident in Miami, Broward, or anywhere else in Florida, call our office to schedule a free consultation to discuss your rights when it comes to a recorded statement. Our attorneys and staff have dealt with countless recorded statements, and we can guide you on what you need to know and what you need to do under the specific circumstances of your case.
To learn how we can assist you, contact our office at (954) 833-1440 for a free and confidential consultation after your Florida car accident.