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Giving a Recorded Statement in an Auto Accident Case

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After a car accident, when many victims first contact or are contacted by the insurance company, their claims adjuster immediately demands a recorded statement of what happened and what injuries they are suffering from. If you are a victim of an auto accident, your claim adjuster will tell you that they need your statement before they can consider the property damage claims, your personal injuries, or even open a file.

However, you should avoid giving statements to any insurance company but your own until you have consulted with a personal injury attorney at Charles W. Miller & Associates. Consulting with an attorney prior to giving a recorded statement is beneficial to your case in a number of ways. It is first important to understand why insurance companies are so eager to get your recorded statement, especially prior to your hiring an attorney.

Click here to learn more about the dos and don'ts of dealing with an insurance company after an accident.

The Liable Insurance Company Is NOT on Your Side

In an effort to reduce losses and increase profits, many large insurance companies deny and/or delay even the most straightforward of claims. Insurance claims adjusters want to get your statement "on the record" so that they can find as much information as possible that might hurt your claim. This is why insurance companies prefer a recorded statement rather than an informal discussion where the same information could be collected.

How Adjusters Use Recorded Statements to Deny/Devalue Your Claim

When giving a recorded statement, insurance adjusters will ask vague and misleading questions, which can cause you to unintentionally say something about your injuries or the accident itself that can be damaging to your claim. You will be asked about your injuries. However, it can take many days for victims of an auto accident to realize the extent of their injuries. Furthermore, many clients are not medical professionals and are unsure what injuries they do have at the time they give their recorded statement. Comments such as, "I don't know if anything is wrong" or, "I think I just have a little whiplash" have been used by adjusters to minimize the value of claims for victims who were actually more significantly injured but were either unaware of the extent of their injuries or simply didn't like to be seen as complaining. Until a doctor has determined what the extent of your injuries are and the approximate time for recovery, it is important to not speculate about either.

The insurance adjuster might also ask about any previous accidents you have had. They will have probably already researched any past claims. Failure to mention a forgotten fender bender from a few years back when giving a statement "under penalty of perjury," will give the insurance company the ammunition to later suggest that you were not truthful and thus try to damage your credibility as a plaintiff.

Speak to an Attorney before Giving a Recorded Statement

The insurance company wants your recorded statement in order to help minimize or defeat your auto accident claim. They will try to get this statement as soon as possible after the accident in an effort to talk with you before you have had the opportunity to get representation.

You must be prepared before you give a recorded statement and should discuss your claim with a Louisville personal injury attorney at Charles W. Miller & Associates before agreeing to give a recorded statement. An attorney can prepare you for the many "tricks of the trade" insurance adjusters will employ to try to diminish your claim.

Contact Charles W. Miller & Associates at (502) 890-9954 to set up your free initial consultation today with one of our Louisville car accident attorneys. We serve clients throughout Kentucky and Indiana.

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Meet Your Legal Team

  • Charles W. Miller Photo
    Charles W. Miller

    Attorney

    Attorney Charles W. Miller is the owner and lead attorney at Charles W. Miller & Associates. He was born in Louisville, Kentucky in 1970 and was raised in a middle-class family by two parents who were educators for the local school system. His parents taught him the importance of hard work and standing up for what he believed in from a young age. Attorney Miller attended the Louis D. Brandeis School of Law at the University of Louisville where he excelled academically, receiving numerous awards ...
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    Ryan Greer

    Associate Attorney

    Attorney Ryan Greer attended the University of Kentucky where he received a Bachelor’s of Science in Accountancy as well as a Juris Doctor of Law. During his education, Attorney Greer was a member of the tax law society and a CALI award winner for his academic excellence in the subject of employee benefits. Upon graduation, Attorney Greer began practicing with the Lexington, KY law firm Todd & Todd, PLLC. As primarily a personal injury attorney, Attorney Greer developed his expertise in ...
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