In Part I of Tricks Insurance Companies Use against Car Accident Victims, we talked about how adjusters will use delay to their advantage. Insurance companies know that the longer things go on, the better chance they have of finding something they can use to deny or defend a car accident claim. On the flip side, if a settlement happens quickly, they know that they are probably paying well below what the actual value of the claim is. Another way that insurance companies trick car accident victims is through the use of the recorded statement.
All car insurance policies have what is called a “duty to cooperate” with your insurer. Boiled down, this means that you’ll provide your insurer with the information they need to process the claim. Unless you’re at fault or going through an uninsured/underinsured motorist claim, this typically doesn’t really apply except for notifying them of the accident. Most of the investigation will be through the at-fault party’s insurer. And this is a very important difference.
You have no duty to the at-fault party’s insurer. You aren’t under contract with them and they don’t insure you. However, they will say that certain things are required to process your claim (that aren’t). The recorded statement is a big one.
What is an insurance company recorded statement?
The recorded statement is exactly what it sounds like. The adjuster will get you on the phone and ask for your permission to record (in California it’s illegal to record without consent). After that, they may go silent and let you talk, ask you questions, or possibly a combination of both.
Now, this may seem harmless. It makes sense, right? The insurance company wants a car accident victim to give their side of the story. Well, this is why the insurance company tricks work so well.
Can a recorded statement to an insurance company hurt my claim?
Yes! Even simple responses can end up getting your claim denied. Insurance adjusters are looking for anything they can use to deny your claim. The reason they want a recorded statement is for that exact purpose—to hurt your claim.
A recorded statement locks you into a story. Insurance adjusters will try to get in contact right after the accident to get a recorded statement. This makes sense because memories fade, but it cuts the other direction as well. Some injuries take time to show up. Maybe you’ve only been to the ER and it’s been a couple of days. Maybe you haven’t been to the doctor yet and haven’t had any symptoms.
If you tell the insurance company you’re feeling fine within days of the accident, but then all of a sudden start seeing a doctor for injuries related to the accident, you’re in for trouble. Similarly, if the insurance adjuster makes a comment during the phone call, “oh thank goodness you weren’t injured that badly,” it may sound like they’re offering sympathy, but if you agree they can turn around and use it to say you weren’t injured as badly as you claim.
Should I give a recorded statement to the insurance company?
If it’s your own, then you likely have a duty to give one. However, if it’s the at-fault party’s insurer, we recommend not giving one until you’ve spoken with a Sacramento car accident attorney. Even if you decide not to retain an attorney, they will tell you what you’re up against with an insurance company.
The recorded statement is just one of many tricks insurance companies use to trick car accident victims. If you have questions about these tricks or would like us to evaluate your claim, please feel free to contact us at (916) 619-5452.
Part III: False Sense of Security
