Once you’ve been in an accident and file a claim, an insurance claims adjuster will probably contact you a few days after your collision to take a recorded statement.
On one hand, giving a statement helps speed up the investigation and settlement of the claim. However, it also serves no legal purpose and could ultimately weaken your case.
Unfortunately, some claims adjusters will use recorded statements to try to hurt your claim by making you slip up.
Examples of Questions
What were you doing immediately prior to the collision?
Where were you going?
What direction were you traveling?
If during the day, where was the sun?
Was there a glare on your windshield?
Were you on time or late?
What was the speed you were traveling?
Was anyone else in the car?
Was the radio on?
Where were you looking immediately prior to the collision?
How far away from you was the defendant when you first noticed him?
What did you do to try to avoid the collision?
Did you honk your horn?
Did you deny any medical treatment?
Did you take any sick days?
Has the pain resolved by now?
Any answers you give in a recorded statement, which may have been “best guesses” at the time, may haunt you later in the litigation process. Do not participate in a recorded statement without hiring and consulting with your attorney. This will prevent the adjuster from getting too far off track, and it will ensure you receive a copy of your own statement for later review.