Shortly after an automobile crash, the defendant’s insurance company claims adjuster usually contacts the victim of the car crash to obtain a recorded statement. The insurance companies take great pains and spend a lot of money to extensively train their adjusters on how to obtain favorable recorded statements from an injured party to make it harder for the injury crash victim to recover money damages. As you may have heard in the past, how a question is asked sometimes, and usually does, dictate how the question will be answered. In your automobile injury claim, if you give a recorded statement to the claims adjuster, the insurance company can and will use that statement against you as you process your claim.
After the automobile collision, the claims adjuster will telephone you, usually unannounced and without any forewarning, so you do not have an opportunity to collect your thoughts and/or review the police report, or other documents, before giving your statement. This is done intentionally to catch you off-guard and by surprise. It also preys on a common subconscious notion that if you have nothing to hide, you should not be afraid to give your version of the events. There can be nothing further from the truth.
When the insurance company calls requesting your recorded statement you should always be very pleasant and professional in speaking with that insurance adjuster. There is no rule, law or duty that requires you to give an insurance company adjuster a recorded statement. There is rule, law or duty that requires you to sign a medical authorization for the defendant’s insurance carrier, and there is no law, duty or responsibility for you to sign a wage loss statement allowing the defendant’s insurance company to obtain your wage loss information. It is entirely your decision to give or not to give the insurance company adjuster a recorded statement, or to sign the medical and wage loss statement.