Recorded statements can be damaging to a personal injury case. Insurance adjusters will try to ask questions for the purpose of making it seem like you are at-fault for the accident, or your injuries are not significant. It is important to speak with a qualified attorney from a Colorado car accident law firm so you can understand the positives and pitfalls of a recorded statement following a Colorado car accident.
What is a Recorded Statement?
In the context of auto insurance claims, a recorded statement is a recording of one person’s side of the story. Usually, recorded statements are conducted over the phone between the claimant and an insurance adjuster.
Insurance adjusters do not always request recorded statements . Typically, adjusters request recorded statements when there is some kind of liability dispute. Liability disputes often arise when there is no police report for a particular accident. With no police report, the determination of who is at-fault sometimes presents a “he said/she said” situation. In this scenario, an insurance adjuster will very likely request a recorded statement from each driver as a part of the insurance company’s liability investigation.
Are Recorded Statements Only Used to Establish Fault?
Insurance adjusters will likely not only ask about the facts of how the car accident occurred. Insurance adjusters will probably ask about your injuries and medical treatment if you are making a claim for bodily injury. This can often be damaging for a personal injury case, as insurance adjusters will try and minimize your injuries. For instance, an insurance adjuster may ask questions like:
Did you speak to the other driver at the scene of the accident?
Did the other driver ask you if you were ok?
Did you tell the other driver you were ok?
The answer to questions like these is often, yes, I told the other driver I was ok when he or she asked. However, simply because a witness told the at-fault driver they were uninjured does not make it true. It is not uncommon for someone to say they are doing ok when speaking to someone who is not a medical professional, and oftentimes serious injuries do not present themselves until the adrenaline from a car accident has worn off. However, if you did state you were ok to anyone, insurance companies will use this against you to try and make it seem like your injuries were minimal.
Do I Have to Give a Recorded Statement?
Not giving your side of the story will often be very damaging to your claim. If you refuse to give your recorded statement, the insurance company will likely only have the other driver’s side of the story which can lead to the insurance company determining you are at-fault.
Also, if your own auto insurance company, as opposed to the insurance company of the other driver, is asking for your recorded statement then you have a duty to comply with the investigation per your insurance policy. If you refuse to comply with reasonable requests that are a part of your insurance company’s investigation, then your insurance company can potentially rightfully refuse to pay insurance benefits to you. This is because your auto insurance policy contains clauses which state you are obligated to comply with reasonable investigation requests.
Furthermore, a recorded phone call is not the only way to give your side of the story. Typically, providing an insurance company with a written statement will suffice in complying with the insurance company’s liability investigation. Insurance companies will probably push for a recorded phone call and will not give you the option to provide a written statement; however, you very likely can just provide a written statement in lieu of a recorded phone call. Oftentimes it is important to have an attorney to take this stance for you.
Can Recorded Statements be Used in Court?
Yes, recorded statements can be used in court, but not always. Sometimes recorded statements are not valid and can not be used in court for a variety of reasons. For instance, you have to know you are being recorded and so the insurance company must obtain your permission to record a conversation. If you did not give permission to be recorded, then the recorded statement is not valid.
Furthermore, according to Colorado law, an insurance company may not obtain a statement from an injured claimant within 15 days from the date of the accident if the claimant is under medical care at the time. What exactly constitutes “medical care” is a bit of a gray area, but in general it means that you have already seen a medical professional and are currently undergoing medical treatment.
Should I Consult with a Colorado Car Accident Law Firm?
Recorded statements put you on the spot and you are up against an insurance company who wants to pay as little as possible for your claim. Insurance adjusters handle hundreds of claims and are trained to ask tricky questions to minimize the value of your claim. It is important to speak with an experienced personal injury attorney before giving a recorded statement. Your attorney can draft a written statement for you, can be present with you when you are giving the recorded statement, and/or can explain what questions to expect. A good attorney will prevent you from damaging your case, while also ensuring insurance companies obtain the facts they need in their investigation.
We urge you to call the Colorado car accident law firm of Bowman Law if you have been requested to give a recorded statement. Even if we do not ultimately end up representing you, our experienced attorneys are always happy to advise you free of charge.
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