A recorded statement is an audio or video interview detailing an auto accident, usually taken by an insurance claims adjuster. If you have been involved in an auto accident, expect to be approached by a claims adjuster with questions about the incident.
Whether the adjuster is from your insurance company or the other driver’s insurance company, you are not obligated to give them a statement. If you file a lawsuit for your claim, the statement you provide can be used against you. When no litigation is involved, ensure your lawyer is present every time you talk to the insurance adjuster. They will ensure you do not say anything that will hurt your claim.
4 Reasons You Should Not Give a Statement to the Truck Driver’s Insurance Company
What’s the harm in giving a recorded statement if I am telling the truth? Many victims of Florida truck accidents have significantly weakened their claims by providing a recorded statement. Here’s how:
Confusing Phrasing of Questions
The insurance claims adjuster has a lot of experience taking recorded statements. They may ask the questions in a manner that forces you to answer them the way they want you to, destroying your claim. You may not be aware when all this is happening because they have had years of practice with other accident victims.
Inconsistencies in Your Statement
Once they get your statement, they will compare it to the account you gave the police and what you said to a witness or your doctor. If any inconsistencies are found, they will be used to weaken or deny your claim. Inconsistencies also make you a less credible witness, further damaging your case.
Suppose the insurance adjuster calls you a day after the accident, and you explain that you have a sprained ankle and minor lacerations. Then a few days later, you start to experience some serious neck and back pain. In such a scenario, you may have hurt your case without knowing it. This is because the adjuster has your recorded statement in which you didn’t mention other injuries.
What You Say Can Be Used Against You in Court
If you file a lawsuit, your recorded statement can be used against you in court. It is very common to be confused after an accident. Things tend to happen very quickly, and you may be in shock. The insurance adjuster may call during this time, and you may say something that contradicts your police report or make an unsure statement like “I think they pulled out first, but maybe not….” Such details can be used to reduce your claim by showing that you are a deceitful witness.
You Are Not Required to Give a Statement
The insurance adjuster may tell you that the recorded statement is required for your claim to be processed. However, no law in Florida currently requires you to provide a recorded statement to insurance. You will still be able to get the compensation you deserve for your damages. You could think that talking to your insurance adjuster may be exempt from this rule. However, they are looking for a way to pay you less.
What Should You Do Instead if the Claims Adjuster Asks for a Recorded Statement?
Suppose you receive a request from an insurance claims adjuster to give a recorded statement of your accident. In that case, you should politely let them know that you intend to retain a lawyer and will not make any statement before then. You should then proceed and enlist an experienced truck accident attorney in Orlando, FL.
The insurance adjuster may try to convince you that you do not need a lawyer. Remember that the insurance company has its own best interests in mind and will do everything it can to pay you less than you deserve. This sort of fast settlement offer is meant to keep you from the much larger value of your claim. It is crucial that you get in touch with a lawyer who will handle all communications and negotiations with insurance companies.
Contact an Experienced Florida Truck Accident Lawyer Today
If you have already given a recorded statement, there’s still hope. An experienced personal injury lawyer may be able to help you minimize any damage to your claim. Your lawyer will get a copy of the recorded statement, police record, and other statements and try to mitigate any damage caused to your right to compensation.
If you have been injured in a Florida truck accident, you need a lawyer who can get you the justice and compensation you deserve. Wooten, Kimbrough, Damaso & Dennis is a team of dedicated lawyers ready to work aggressively for each of their clients. Schedule a free consultation with our Florida truck accident lawyers by calling (407) 843-7060 or submitting our contact form. Remember, we will not charge you any legal fees unless we win your case.
Legally Written and Reviewed by a Managing Partner
Wooten, Kimbrough, Damaso & Dennis
Our content is written and reviewed by our founding attorneys Butch Wooten, Orman Kimbrough, Mike Damaso, and Tom Dennis. With over 100 years of combined courtroom experience, they’ve successfully handled thousands of personal injury cases across Florida. Whether you’re a Florida resident or an out-of-state visitor injured in Florida, we’re dedicated to providing clear and reliable information to help you navigate your legal options confidently.