Should I Give a Recorded Statement to an Insurance Company?
The days immediately following a car accident in Oklahoma City are overwhelming, especially if the accident caused serious injuries requiring medical treatment, painful recovery periods, or potential disability. A severe or catastrophic injury could leave an injury victim facing an uncertain future. Thrown into this distressful time is an insurance company’s investigation.
In fault-based accident states like Oklahoma, the insurance company of the party at fault for the accident pays out on an injury victim’s claim, but they can subtract the injury victim’s percentage of fault from the payout. This provides an enticing incentive to assign undue fault to a personal injury victim.
Remember, an insurance company exists to make profits, and their bottom line is their top priority, despite the compassionate tones they use when they reach out to you after an accident and make requests, such as asking for a recorded statement.
Avoid Giving Recorded Statements and Contact an Oklahoma City Car Accident Lawyer for Representation
An insurance adjuster assigned to your case may reach out to you soon after the car accident while you’re feeling vulnerable and overwhelmed. They may sound concerned about your painful experience and ask you questions, often requesting that you allow them to record your statement about the accident. While they may present this as a common practice, it’s essential to realize that the insurance company is more than willing to protect its profits at your expense, and this is the goal of the insurance adjuster. It directly conflicts with your goal to recover the full and fair compensation you deserve.
By obtaining a recorded statement, the insurance company could use your words out of context against you later. A simple example is the typical reaction of accident victims to say, “I never saw him coming.” Even if the other driver ran a stop sign and you had the right of way, the insurance company may use your recorded statement as evidence that you were not paying attention while you were driving and could have avoided the collision. This allows them to assign a percentage of fault to you.
Suppose your car accident damages amount to $100,000. By assigning you 20% fault, they can reduce the payout to $80,000. In the worst examples, an insurance company could shift liability to you by assigning you 51% fault, thus denying your ability to recover any compensation and making you liable for the other driver’s damages.
Recording Phone Calls and Other Common Tactics Insurance Companies Use to Protect Profits at Your Expense
It’s very common to pick up the phone and hear a standard message that your phone call is being recorded. Many people no longer give this a second thought, but by accepting the phone call, the recipient gives implicit permission for the recording. When insurance companies do this, your words may be used out of context against you later. For example, a simple, “I’m feeling better today, thank you,” to a seemingly polite enquiry becomes your supposed “admission” that you have recovered and no longer require medical treatment.
Instead of agreeing to speak to an insurance company on a recorded line, it’s a far better strategy to hire a car accident attorney in OKC and then direct all communication with the insurance company to your lawyer.
Besides recording your phone calls, insurance companies may employ tactics such as monitoring an accident victim’s social media activity and using their posts against them later. You could be smiling through your pain at your child’s soccer game, and the insurance adjuster may cite this as evidence that you are out and about and not as injured as you claim. They may then deny your claim for compensation for further medical expenses and compensation for pain and suffering.
It’s best to avoid recorded statements, phone calls, and posting on social media after an accident. Then don’t discuss your accident with anyone except your Oklahoma City car accident lawyer until after your case is resolved with a settlement for your damages.
Contact an experienced car accident attorney from Dan Davis Law today for a free consultation.