Florida Auto Accident Lawyers: Do I Have to Give a Recorded Statement to the Insurance Company If I Was Injured in an Accident?
If you were injured in a car accident in Florida, and an insurance company asks you to give a recorded statement, you should not speak to them. Seek the advice of an attorney before speaking with an insurance company. In many cases, your attorney will speak to the insurance company on your behalf instead.
This may seem unnecessary, but it is very important. You want to avoid saying something detrimental to your claim.
If you deny, and the insurance company pressures you into giving a recorded statement, simply tell them that you will give them a statement in the future, but your lawyer needs to be present. Your lawyer will properly advise you. If you feel more comfortable, your lawyer can speak to the insurance company on your behalf.
Under no circumstances should you give a recorded statement to an insurance company while you are upset, confused, taking medication, lacking sleep, or in extreme pain. Insurance companies could potentially use these situations to their advantage. It is important to speak with your attorney, and let your attorney speak to the insurance company on your behalf.Why Do Insurance Companies Want Recorded Statements?
Insurance companies want to record your statement so that they have both sides of the story. With both sides of the story, they can build a better and more complete picture of what happened at the scene of the accident. When this is recorded, everything you say is clearly documented. This is fine if you handle yourself appropriately with the insurance adjustor. If you do not, having your mistakes on record could potentially negatively impact your case.
Consider the following example. Your insurance company calls you later in the day after you are home from the accident. You answer the phone and the adjuster says, “Good morning. How are you today?” Out of instinct, you respond, “I’m fine, thanks.” With this innocent and generic statement, you may have negatively impacted your personal injury claim. By saying that you are “fine” you are stating that you are not injured or hurt in any way. Injured people are not “fine.”
The example above gives you an idea of how seemingly innocuous statements could potentially impact your claim. Let this example be your reminder to always speak to your attorney first. Let your attorney advocate on your behalf.
The lawyers at Frankl & Kominsky are well-versed in insurance claims. We will always have your best interest at heart, and will fight to get you the compensation you deserve for your injuries or damages.
If you need a car accident lawyer and are in Florida, call Frankl & Kominsky at 855-800-8000. We offer a free initial consultation and case evaluation. If you are injured severely and are in the hospital, or unable to come to our office, we will come to meet with you in person.Do I Have a Duty to Cooperate?
If you refuse to speak to an insurance adjuster without a lawyer present, he or she may tell you that they don’t have to process your claim if you don’t give a recorded statement. If the claim for your injuries is against another driver’s insurance company, then it is considered to be a third party claim and you may not be required to submit a recorded statement. It is advisable that you first speak with an experienced attorney. Let the insurance adjuster know that you are aware of this rule, but would first like to consult with an attorney.
If the claim is with your own insurance policy, also known as a first party claim, then you are most likely required to give a statement. Once again, it does not require you to give the statement without a lawyer present or immediately following the accident. If you are not prepared to give a statement when the insurance company contacts you, simply tell them that you are not prepared and would like to consult with an attorney. To find if you are required to provide a recorded statement, review your insurance policy. It will be stated somewhere in your signed document.What Happens in a Recorded Statement?
Once you have spoken with your attorney, and he or she is present with you, you can give your recorded statement. Before doing this, however, it may be helpful to know all the steps you will be going through. The first thing that will happen is that the insurance adjuster will most likely ask you your contact information and the basic facts about the accident, like where it took place, what time of day, people involved, etc.
After the basic information is recorded, the insurance adjuster will ask you to describe what happened. They will most likely let you speak, uninterrupted, until you are done with your account of the situation. The reason that you speak without interruption is that the adjuster wants to hear what happened in your own words, without any influence from anyone else asking questions or making comments.
Once you are done giving your side of the story, the insurance adjuster will begin asking questions. Adjustors could potentially ask questions that are designed to catch inconsistencies in your story, so make sure to stick to the facts.
In the end, make sure to contact an attorney before speaking with anyone from your insurance company or the other driver’s insurance company. Your lawyer will offer guidance and advice when dealing with the insurance company.
The attorneys at Frankl & Kominsky Injury Lawyers have years of experience and are dedicated in obtaining the compensation that you deserve. If you have been in a car accident in Florida and need representation, call 855-800-8000 for a free consultation with the legal team from Frankl & Kominsky Injury Lawyers.