Why You Should Speak to a Texas Injury Lawyer Before Giving a Recorded Statement for Your Injury Claim
The Kishinevsky Law Firm is a personal injury law firm representing individuals who have been injured in car accidents and other accidents caused by the fault of someone else in the greater Houston area. If you have questions relating to an injury claim in the Houston, Texas area, call us today for a free consultation.Why You Should Speak to an Injury Attorney Before Contacting the Insurance Company to Make an Accident Claim
After you’ve been injured in a car accident, you will need to open a claim with the insurance company to get your vehicle repaired and to seek compensation for your injuries and damages. It is extremely important that you consult with a knowledgeable injury attorney before speaking to the insurance company.
The reason for this is very simple- when you call any insurance company the first thing you will usually hear is a recording advising you that all conversations may be recorded. When you open a new claim, one of the first things the insurance adjuster will ask you to do is to give a recorded statement.Why is a Recorded Statement Such a big Deal?
Often, the insurance adjuster will seek to get a recorded statement as early in the process as possible. You may still be a day or two out of the accident and unable to fully focus as you are recuperating from your injuries and possibly dealing with concussion symptoms.
There are no rules regulating recorded statements- once the adjuster gets your permission he may take two minutes to get your statement, or he may take much longer. It is not uncommon to see adjusters from the other driver’s insurance company take recorded statements lasting ten minutes or more. What the adjusters will likely tell you they are doing is getting the information necessary for them to evaluate the claim. What they are often doing is bolstering their side of the case by asking questions in an unclear or misleading way, especially in situations where it is disputed or unclear who caused the accident.
By agreeing to give a recorded statement to the insurance adjuster of the other driver’s company, you are consenting to an unlimited, unregulated interrogation by an employee of an insurance company whose financial interests are directly opposed to yours. Not every recorded statement results in something bad happening, but the potential for things to go wrong quickly is always one bad answer or one misunderstood question away even if the adjuster is not trying to trick you.
If your case ends up going to court, the jury will not get to hear that you were speaking with an insurance adjuster, since mentioning liability insurance at trial is prohibited under Texas law. However, they will get to hear your recorded statement, and any contradictions between your recorded statement and what you say at trial could significantly harm your case.How can an Injury Lawyer Help?
One of the benefits of hiring an injury attorney to represent you is that the attorney will deal with the insurance company on your behalf. The attorney can open the claim and communicate with the adjuster for you. If it is necessary or advisable to give a recorded statement, your attorney can prepare you for the questions you should expect and be present while the recorded statement is taken to make sure that there are no issues with confusing questions or misunderstood answers, significantly reducing the risk of something going awry with the recorded statement and hurting your case.
If you’ve been injured in an accident caused by the fault of someone else in the greater Houston area, give us a call today for a free consultation with a Houston accident attorney. We will be happy to discuss the specifics of your case, answer your questions, and explain your legal options going forward.