Whenever you are involved in an accident either as a driver or a passenger, one of the first things that generally happens is you will receive a phone call from either your insurance company or the insurance company of the other driver involved in the accident. They will want to ask you some questions about the circumstances of the accident and record the conversation. By law, they have to tell you they are recording you and you have to consent to such a recording. You have no legal obligation to give a statement to the other driver’s insurance.
Generally, these are questions start with questions regarding your background, including where you live, your contact information, and if you sought any medical care after the accident. However, in most circumstances shortly after that, they will then begin to dig into your prior medical history and the circumstances of the accident. They ask these questions to use that information to potentially try to decline all or part of your claim in the future. They also use these statements to try to limit the number of body parts that you believe were injured in the accident as they commonly deny medical treatment for body parts not mentioned in the initial medical treatment or recorded statement with the insurance company.
As a result of this questionable behavior, there is not a great deal of benefits to you providing a statement to an insurance company especially without retaining an attorney to be present with you during that recording. Almost all of the outcomes of providing that statement are not beneficial to you.
We would suggest to you that in most situations we would not agree to allow a statement but if a statement is going to be given that you contact an attorney’s office to be present for your recorded statement so that we can help you avoid many of the potential pitfalls of the recorded statement game that the insurance company will try to force upon you. This is especially true if you have a situation where you have multiple body parts injured and your initial medical provider only concentrates on your major issue and does not evaluate all of your injured parts as this will be one of the insurance company’s primary reasons to deny your claims.