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Jack Zinda - Austin Personal Injury Attorney Joseph Caputo - Austin Personal Injury Attorney Burgess Williams Neil Solomon Ryan Toomey Christina Hagen Jason Aldridge Elicia Wilson Kelsey Feldkamp Andrew Rogers Alaina Zermeno Cole Gumm Branson Rogers Christine Ruffner Elissa Harshman

Should I Give A Recorded Statement To The Other Driver’s Insurance Company?

One of the tactics the insurance companies use to maximize their profits is to take a recorded statement from you shortly after the crash. You are under no obligation to give the other driver’s insurance company a recorded statement. In fact, you should be reluctant to speak with the other driver’s insurance company at all. You should leave that up to an experienced personal injury attorney. While speaking with the insurance company yourself may seem expedient, but it can cause complications for your case.

Do not confuse your obligation to cooperate with your insurance company with speaking with the other driver’s insurance company. The contract you entered into with your insurance company obligates you to cooperate with them. Failing to work with your insurance company is a valid reason to deny coverage if you caused an accident in Colorado. However, you have no contractual duty to speak with the other driver’s company.

You may feel pressure to talk to the opposing insurance company’s adjusters or investigators. You should resist the compulsion. The adjuster may try to convince you to give a statement by telling you that it might make the claims process go faster or smoother. The adjuster might also tell you that it is a procedure they follow. The adjuster might also say that you have a chance to tell your side of the story. Speaking with the insurance company is not the only opportunity you will have to tell your side of the story. Furthermore, the claims adjuster might pressure you when you are vulnerable and susceptible to influence. The claims adjuster might contact you while you are still recovering from the accident.

Why Should I Refuse To Give A Recorded Statement?

Giving a statement to the other insurance company seems like a good chance to state your case and try to convince them to settle the claim quickly, but it is not a good idea. Making a recorded statement can ruin your case. The insurance company asks to take a recorded statement because they can use it against you at a later time.  For example, assume that you injured your back in the crash, broke your cheek bone, and sprained your neck. During a recorded statement, the adjuster will ask you how the accident happened and to explain your injuries. At that particular moment, you might be suffering significant pain in your back, causing you to lose sleep, have difficulty sitting, or even doing everyday chores. You might overemphasize that injury in a statement. If you later learn that a rotator cuff tear compounded your back pain, then the insurance company will argue that you are exaggerating your injuries or the rotator cuff injury was minor and simply an aggravation of a pre-existing injury. The insurance company may offer you less money than your claim is worth because your statement bound you to those injuries about which you initially complained.

What To Do If The Other Driver’s Insurance Company Asks You To Give A Statement?

You should politely decline and refer them to your lawyer. The lawyers at Zinda Law Group are experienced and know how to handle the insurance companies to achieve the best results for our clients. Our attorneys will provide you expert legal advice while working work diligently to reach a fair and just resolution of your claim. Contact us at 303-800-1501 today to schedule a free consultation and learn how we can help you with your personal injury claim.



 

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Denver

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600 17th Street
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Denver, Colorado 80202
Phone: 303-800-1501

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