After a truck wreck that was not your fault, the truck driver will report the crash to his insurance company, and an insurance adjuster will be assigned to the claim. He will investigate the cause of your crash and obtain information about your injuries. He will most likely contact you—possibly while you are still in the hospital—and may ask you to do a number of things while evaluating your claim. One request may be to give a recorded statement. Should you agree to give one?
Why You Should NOT Give a Recorded Statement to the Truck Driver’s Insurance Company
A recorded statement is a question and answer session conducted by the insurance adjuster where your answers are recorded and later transcribed to create a written version of the session. Are you required to give a recorded statement in order to settle your claim with the insurance company? No, you do not have a duty to agree to this in order to receive the compensation you deserve for your injuries.
You may not think that giving a recorded statement is a bad idea when you know that the trucker was the at-fault driver. However, many victims of tragic truck wrecks have significantly weakened their claims for compensation by giving a recorded statement. Here is how agreeing to this could hurt your case:
- Inconsistencies. You will be discussing your crash with many people, such as witnesses, police, and your doctor. If you agree to give a recorded statement, the adjuster will compare your answers to others you give while you are resolving your claim to see if there are any inconsistencies in what you have said. If there are any, he will use this information to deny or reduce your claim. In addition, inconsistent statements would make you less credible as a witness—also damaging your claim.
- Confusing questions. The insurance adjuster has extensive experience taking recorded statements and knows how to ask questions—sometimes in a confusing manner—to elicit the answers he wants in an effort to weaken your claim. You may inadvertently answer a question in a way that hurts your case without even knowing that you are doing this.
- Litigation. Your recorded statement—like other statements you make—can be used against you in court if you file a civil lawsuit. Portions of the recorded statement could be used with motions filed to try to get your case dismissed or in cross-examination at trial to show that you are not a believable witness.
What Should You Do If the Insurance Adjuster Asks You to Give a Recorded Statement?
If you receive a call from an insurance adjuster requesting that you give a recorded statement, you should politely inform him that you plan to retain an attorney before making any decisions. Then you need to immediately retain an experienced truck wreck attorney who can advise the adjuster that you will not be agreeing to this and can handle all your communications and negotiations with him.
What happens if you already gave a recorded statement? You have not ruined your case. However, you need to hire a lawyer immediately to obtain a copy of the statement and minimize the damage that your statements may have caused to your right to compensation.
If you need assistance in negotiating a settlement of your truck wreck claim, our experienced truck wreck attorneys are here to help. Contact us online or call us directly at 817.380.4888 to schedule a free consultation. We help injured victims throughout Texas including Arlington, North Richland, Grapevine, Bedford, Hurst, Euless, Irving and all points in between.