As you know, the Mike Kelly Law Group has decades of experience handling personal injury, workers’ compensation, and social security claims. A large percentage of our cases arise out of automobile accidents, and many clients come to us only after they have tried to resolve a claim on their own but cannot see eye-to-eye with the insurance company. Today’s KellyGram, in an effort to help those seeking to resolve a personal injury claim on their own, addresses a major “don’t” in the claim resolution process—recorded statements.
The aftermath of a car accident is often a whirlwind of whiplash, doctor’s appointments, auto body shops, and phone calls with your insurance company. In the midst of the chaos comes a call from the other driver’s insurance representative, a pleasant individual who wants to help you navigate the claims process and make sure you’re fairly compensated for your injuries and troubles. After all that you’ve been through, those words are music to your ears…but first, the representative just needs a quick recorded statement from you about the accident to verify that their insured caused the accident. How should you respond? You say NO!
Generally, insurance adjusters are nice people, and nice people are easily trusted. However, at the end of the day, an adjuster is an employee acting in the interest of the insurance company with the goal of settling claims for the lowest figure possible or, in some cases, denying payment altogether. Most insurance companies are publicly traded entities with a duty to shareholders to make a profit. Every dollar paid out to you makes the company a dollar less profitable.
One way an adjuster might try to lessen the value of your claim is through a recorded statement, even if the truth is on your side. You may be presented with questions that are purposely phrased to illicit responses harmful to your claim, or be pressured into agreeing to a representation that you are uncertain is accurate. Even if your statement is flawless, a minor inconsistency in a later statement could be used to question your credibility. Fortunately, though you have a duty to cooperate with your own insurer, you are not required to provide a recorded statement to another driver’s carrier and, generally speaking, you should decline to do so.
If ever you find yourself in an accident and decide to go ahead with giving a recorded statement, we strongly recommend that you talk to a lawyer—whether through our firm or another personal injury firm—prior to doing so.
We’re here for the people of South Carolina!
