Recorded Statements with Insurance Adjusters

There are very few hard and fast rules in personal injury litigation. I get a lot of legal questions in my day to day life. Sometimes it is at work. Sometimes the questions come up while I’m out and about, like at the grocery store. When people ask me legal questions about a car accident case or medical malpractice litigation or a slip and fall matter, often my answer is…”It depends.” Most of the time there is not a definitive answer because every case is different with different facts and the law is applied differently to different facts. This is not very satisfying to people. But there is definitely one rule that has a hard and fast answer…never ever give a recorded statement to an insurance adjuster in a personal injury case without having your lawyer present.

Insurance Adjusters Are Tricky Creatures

Insurance adjusters can be tricky. No matter how nice an adjuster is to you and no matter how many times they tell you that they are on your side, do not believe them. An adjuster’s main job in a personal injury case like a car crash is to figure out a way to pay the injured plaintiff as little money as possible. So, if given the opportunity, an adjuster can ask trick questions or confusing questions during a recorded statement. And when answering these questions, you may be confused and say something that can be twisted out of context and make you look bad. You may not even realize you’re doing it. Since the statement is recorded, it can be used against you later on in a jury trial.

Most of the time, experienced personal injury lawyers won’t ever agree to have their client give a recorded statement, even when the lawyer is present. Often, there really is no benefit for the plaintiff to allow the defense team (insurance adjuster, investigators, defense lawyers) to get a free shot at asking the plaintiff questions. During the litigation, there will be an opportunity for the insurance defense attorney to ask questions under oath with a court reporter transcribing everything. Before the deposition, you and your attorney will spend a lot of time preparing for all potential questions.

Having an experienced personal injury attorney on your side is the best course of action. The negligent defendant will have a small army of people representing them and fighting to make sure you receive as little money compensation as possible. Robert Bates & Associates will fight for your rights to full and fair compensation. We have been representing seriously injured people in the Tri Cities region for over a decade. Call us for a free consultation today!

Robert BatesRobert is a Kingsport trial lawyer who handles car, truck and motorcycle wreck cases across the Tri-Cities. Every client gets his cell number.