Stop! Don't give a recorded statement!

Stop! Don't give a recorded statement!

When you are involved in an accident and are pursuing an insurance claim, you may be asked to give a recorded statement. The first thing you should know is when you are required and not required to give a statement. When you are making a claim against another person's insurance company, you are not required to give any statements recorded or otherwise unless ordered by the court. Do not give the insurance company permission to record your conversations. When you are working with your own insurance company to make a claim, you have an obligation to cooperate with the company. This cooperation includes making recorded statements.

What to do if you are asked to make a statement

When you are asked to make a recorded statement, you can politely decline by saying that you are seeking legal counsel in this matter. When you secure legal counsel, your lawyer will follow up with the insurance company and inform the company that all communication should be directed to your lawyer instead of you. Your lawyer will arrange for any statements that need to be made and will counsel you through that process to protect the integrity of your claim.

What you can do if you choose to represent yourself

If you choose to represent yourself in your insurance claim, request that any statements or correspondence that the insurance company needs be made in writing. This way you have control over your response and cannot be coaxed into answering any questions that may damage you in your claim. It is important that you know that you do not need to answer any questions asked by another person's insurance company and you shouldn't if you are not absolutely sure of the answer.

View the Recorded Statements for Insurance Claims video or read the transcript below for more details. If you have been injured and are working with an insurance company, you will benefit from a free consultation with a lawyer. Many lawyers offer these consultations free of charge, including Cantor and Associate, and will help you understand the options that are available to you. Call us today at (314) 542-9999 if you have any questions about your claim.

Video Transcript

I want to talk to you for a minute about recorded statements. You have been involved in an injury - a slip and fall, a car accident, a truck accident or things of that nature. The insurance company calls you right away and states their name and identifies what insurance company they are calling from. They ask to speak with you about your accident or injury and inform you that the phone call is being recorded for quality assurances.

“This call is being recorded”

Really? It is for quality assurances? That is why you are recording me? That is not true. They are starting off with a lie. They are recording your conversation in order to defeat your claim. They don't want to pay you. You have just been involved with something that injured your body. You have been in the hospital and you might be on pain medications and this nice person is calling you and recording your conversation for quality assurance. They are lying. That should be a big red flag. "I need to call a lawyer." Call me at (314) 542-9999.

When to involve a lawyer

Don't give them a recorded statement. Let's talk about why. Let's say we are talking about a car collision. What roads were you on and which direction were you going? You've got to think if you were going north or west. What color was the traffic signal? Well, when? When you were stopped at it and hit from behind? Or before that when the light was green? They are asking you questions to defeat your claim. How hard was the impact? Why do you want to answer those questions? Why would you? What is the speed limit on that road? You don't know. Maybe it was 35 or 40. Maybe it was 45. They are not helping you. You need a lawyer. Get the police report and figure those things out and think about them. This isn't a quiz where you are required to answer immediately.

They are calling you to try and get you to mess up. Later when I am preparing you for your deposition and I show you that the police report says that you were stopped at a red electric signal and the speed limit is 40 miles an hour, you might say "oh I told them earlier I thought the car was going 15 to 20 mph." How do you know that? You saw them in your rear view mirror. You don't know that. Don't commit to that. Think about it. Do you know it or not know it? If you know it, say it. If you don't know it, don't say it. But, get counsel because the insurance company does not want to pay you.

Recorded Statements vs. Depositions

There are a lot of reasons not to give a recorded statement. Later they are going to take your deposition which is your sworn statement under oath and now they have two statements. Don't do that. What is the advantage of that? There is none. That is why you always see lawyers in these 30 second commercials saying not to give a recorded statement. They are right. You shouldn't. Instead, when they ask you for it that is your signal to call a good law firm and a good lawyer. I don't care who that is or which state you belong to, but you need representation. If you are in the Midwest in Missouri or Illinois, that is all we do. My name is Mark Cantor and again our phone number is (314) 542-9999. Either I or my law partner will personally represent you in your claim.

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