After an accident, many people file insurance claims to cover their damages. Insurance is not always a straightforward process, and the insurance company may require more extensive evidence. In some cases, insurance companies request that claimants provide recorded statements regarding how the accident occurred. While this is not terribly unusual, you should get a lawyer before giving a statement to an insurance company.
You might not have much of a choice but to prove a recorded statement. If your claim is litigated, the insurance company may get a subpoena to have you answer depositions or interrogatories. Before answering these questions, get a lawyer. If questions are irrelevant or are about private or privileged information, your attorney may object to the questioning. Your attorney should also help you avoid saying anything that makes you look bad or is otherwise incriminating. Such statements might easily be twisted and used against you.
Get a private, free case evaluation from our Texas personal injury attorneys by calling The Queenan Law Firm at (817) 476-1797.
Should I Provide a Recorded Statement for Insurance After an Accident?
After filing an insurance claim for injuries and damages related to an accident, the insurance company may want to investigate. This is normal and might not immediately raise any red flags. However, some investigations are more thorough than others, and the insurance company might want you to provide a recorded statement about your accident and damages.
You must speak to a lawyer before providing a recorded statement to an insurance company. Again, recorded statements are not uncommon in situations like this. If the case is litigated, you might have to provide a recorded statement as part of the discovery process (e.g., depositions, interrogatories).
Our Texas personal injury attorneys can advise you on how to prepare, what to avoid saying, and how to clearly and accurately convey your point. If you say the wrong thing in your statement, even if you think it does not mean anything, it could be used against you.
Can a Texas Insurance Company Use My Recorded Statement Against Me?
Recorded statements can be a double-edged sword. In some ways, they can help you explain how the accident happened. On the other hand, even one incriminating statement could be enough for the insurance company to try to reduce your claim.
Did you accidentally admit some wrongdoing or negligence? This is a common problem when providing recorded statements. You might divulge information you believe is completely innocent, only to learn that the insurance company can and will use it against you. For example, admitting to speeding, even only slightly, before a car accident will likely come back to haunt you, even if speed was not the direct cause of the accident.
How to Prepare to Give a Recorded Statement to an Insurance Company
The best way to prepare for a recorded statement is to work with an experienced attorney. If you accidentally misstate important details of the accident, the insurance company may be quick to use your statement against you. Your attorney can help you make sure you know exactly what to say and how to say it.
Discuss your own actions during the accident with your lawyer. Did you do anything negligent, even if it did not directly contribute to the accident? If so, your lawyer should help you figure out how to explain the situation without incriminating yourself. There may be some information that makes you look bad but is irrelevant to the case, and you may want to leave that information out.
You will need to know the details of your accident and claim off the top of your head. Any hesitation in your answers, or any questions you do not know the answer to, may make you seem unsure of your own claim.
Can I Refuse to Provide a Recorded Statement to Insurance After a Texas Accident?
You might not have to provide a recorded statement if you do not want to. However, recorded statements might be a mandatory part of the process, and you should get help from a lawyer to be sure.
If your case is litigated, you may have to provide depositions or interrogatories. These often cannot be refused. They may be requested by subpoena, meaning you must answer them. Refusing to answer questions during a deposition or interrogatory may result in legal sanctions or other penalties.
Even so, not every question needs to be answered. If the insurance company asks about information that is private or legally privileged, you may refuse to answer that specific question. During a deposition, your attorney can object to certain lines of questioning.
If an insurance company contacts you about providing a recorded statement, tell them you want to speak to a lawyer first. While you might not be able to avoid having to answer questions, you should be given time to get a lawyer.
How Your Attorney Can Help You with a Recorded Statement for Insurance in Texas
Having an attorney with you when you provide a recorded statement may help you protect yourself and your legal interests. Your attorney can determine what information is private, privileged, or simply irrelevant to the case. The insurance company might try to pry for information they want to use against you, but your attorney can help you.
An attorney can also help you review and prepare the facts of the accident. Again, you need to know all the important details and facts about your case off the top of your head. If you are unsure of certain information, there may be gaps in your statements that you cannot explain, which will not look good.
Do Insurance Companies Always Need Recorded Statements After Accidents?
While recorded statements are somewhat common in insurance claims, they are not always necessary. They tend to come up more if an insurance claim is litigated or if it is especially complicated.
In more straightforward cases, the insurance company might only review the facts of the accident and award compensation rather quickly. If other evidence is available that is more helpful (e.g., security camera footage), the insurance company might feel no need to ask for a recorded statement. Even so, that does not mean you do not need an attorney, and you should get legal help as soon as possible.
Speak to Our Texas Personal Injury Attorneys Before Giving a Statement to Insurance
Get a private, free case evaluation from our Austin, TX personal injury attorneys by calling The Queenan Law Firm at (817) 476-1797.