I am St. Charles Parish injury attorney Loyd Bourgeois and today we are going to talk about recorded statements.
You have been in an accident, chances are you already got a call from an adjuster asking you to give them a recorded statement. We often get calls from clients and potential clients asking us whether or not they should give a recorded statement to the insurance company.
Our opinion is - your focus should be on returning to your pre-injury condition! Focus on your health. Focus on your medical care and your medical treatment.
If you are under any kind of narcotic pain medication we advise you to NEVER give a recorded statement to anyone.
Beyond that, if it is your insurance company asking you for a statement it's okay to talk to them to them. They are there to help you resolve this claim. Chances are most claims can be resolved without a lawyer’s assistance especially those just involving property damage. So it is going to be okay to talk to your insurance adjuster about what happened, the extent of your vehicle’s damages, and those things.
If it is the other person’s insurance company calling or you, we don't advise talking to them. You have no obligation to talk to them. You are not under any kind of contract with them which requires you to cooperate in their investigation. Not long after you file a claim, even if it is just for property damage originally, you will get contacted by an adjuster. That phone call will be recorded “for quality control purposes.”
A quick, simple friendly interaction like: "How was your weekend, do anything fun?" "Pretty good, my daughter had a soccer tournament and then we went to a birthday party." could be used against you by the insurance company saying that you're well enough for a full day of activities.
We do not advise that you speak to the other insurance company at least initially. You want to figure out exactly what's going on with your vehicle and figure out what exactly is going on with your medical care. And, you will probably want to do some research as well. Perhaps you should get a copy of the police report. Find out what are they going be looking for in your recorded statement. What are some tricks that the other insurance company may use when I give a recorded statement to the other insurance company? What are the questions that I should be asking the insurance adjuster?
We advise you to seek legal assistance before you give them any recorded statement. The legal advice may simply be - look you don't really have any damages to your body or you're not hurt, and it's really just about your car so if they're willing to accept liability it's okay to talk to them to get it resolved. If you are hurt in any way, then it's probably a good idea to speak to an injury attorney before you even think about talking to the other insurance company because the advice will likely change specific to your case.
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Again, I am St. Charles Parish injury attorney Loyd Bourgeois and our team here is always glad to answer your questions. Our injury consultations are free and we take care of you right from our Luling office.
Just call us at 985-240-9773 or use our contact form. We look forward to hearing from you.