Exercise caution when the insurer rushes to record your statement
After a collision, the adverse driver’s insurer might rush to record your statement. Even if the Police investigation favors you, the adverse driver’s insurer might stalk you for a statement. While recorded statements form part of the insurer’s investigation, we submit that insurers seek them for a different reason. They are not after the truth. Rather, the insurer seeks material to support a claim denial. At miminum, the insurer seeks to decrease the claim’s value.
Insurers records statements to get contradictions. They want you to lie in the recording. If possible, insurers seek material to create inconsistencies. They want doubt. If they can get you to minimize your injuries and losses, it worked! All of this in an effort to avoid paying the claim altogether or to pay less.
Your own insurer may seek your statement
Importantly, your own insurer may use this same tactic against you. For example, your own insurer might seek your statement if the adverse at fault driver lacks insurance coverage. If the at fault adverse driver lacks coverage, you would seek un or underinsured motorists coverage under your own policy. Regardless, your insurer has no interest in paying the claim. Quite the opposite is true. Like an insurer for the adverse driver, your own insurer might seek a statement from you in efforts to decrease or deny coverage.
Are you required to give a statement?
Your obligation to offer a statement depends on your relationship with the insurer. For example, if your own insurer seeks your statement, your policy likely requires you to cooperate in the investigation. Cooperation arguably means offering a statement. Many policies include clauses requiring insureds to offer one or multiple statements. Some policies contain no limit on the number of statements the insurer can demand.
Regardless of whose insurer seeks your statement, know the true purpose is not to help you.
You are not entitled to a copy of the statement
Insurers who record statements rarely share them. And you are not entitled to a copy. A state’s law may require you to obtain the insurer’s consent before recording the statement as well.
If the insurer does produce the statement, understand that the purpose is not to help you.
Insurer harassment in recording statements
Our clients want to know what the insurer will ask during a recorded statement. And there is no limit to what an insurer can ask. Some insurers ask harassing and irrelevant questions. We find that this happens more when the insurers take the statements of unrepresented people.
Want representation while giving a statement?
You may retain counsel to assist in preparing you for a recorded statement. Contact us today for a free consultation if the insurer is rushing to take your statement. Dial 877-845-4441.