One of the most common techniques used by insurance companies to try to gain an advantage over an accident victim is to take a tape recorded-statement.
Most people think that if they are open and truthful, there is no problem with giving a recorded statement. That is not the case.
If you are in an accident, you will most likely receive a call from the insurance company of the driver who caused the accident, who may state that they need to take a recorded statement from you so that they can open the claim.
That is not true!
They do NOT need a recorded statement in order to open a claim.
They can simply take some notes as they talk with you to get the information they need. The real reason they want to take a recorded statement is to try and gather information that they can later use against you. They know that you may unintentionally say something that will hurt your case. For example;
There is also the risk that a comment made can be distorted or manipulated. For example, if you tell an adjuster that “I never saw the other car before it hit me”, the insurance company may later try to twist that around, and use it to argue that you failed to keep a proper lookout!
Insurance adjusters are trained on how to elicit statements from injury victims that can help the insurance company. Furthermore, they know that once an accident victim gives a statement, there is no way he or she can go back and fix it.
In most circumstances, there is no legal obligation to give a recorded statement! The accident victim should tell the insurance company that they do NOT have permission to record the conversation.
Please remember that the “friendly” insurance adjuster has a hidden agenda that involves trying to find ways to defeat or minimize every claim. Please tell any friend or loved one of yours who gets hurt not to give a recorded statement without consulting a lawyer you trust first.
If you or a loved one have been hurt, call attorney Bruce A. Blaylock. You can reach us at 301-951-1800.