what does a lawyer do with recorded statement

In your recorded statement, you want to clarify all information to ensure you receive the benefits to which you are entitled. If you have already provided a recorded statement, you still need an attorney to represent you. They will work to ensure information is handled correctly and no legitimate claim is denied.

Full Answer

Can a recorded statement be used against you in a trial?

They can use a recorded statement against you in a trial should one happen in your case. That is why they do it–to try and take advantage of injured people. So, Is The Advice Don’t Give A Statement?

Why is it important to take recorded statements?

Taking a recorded statement is one of the first steps in the claim process, providing answers to important questions, including the who, what, where, when, why, and how of the loss. Utilizing a guide for taking recorded statements will help you get the complete picture needed to make informed and better claim decisions.

What is a recorded statement in a personal injury case?

Recorded statements are just a tool companies have put in place to see if you might reveal anything which could be later used to either deny the claim or pay out less money. They can use a recorded statement against you in a trial should one happen in your case. That is why they do it–to try and take advantage of injured people.

Can a recorded statement be used in a deposition?

Recorded statements can be used in a cross-examination during a deposition or trial. If your recorded statement was collected months before, you probably will not remember the exact answers you gave. Therefore, contradictions may arise between your recorded statement and your statements made in deposition or trial.

What does recorded statement mean?

A recorded statement is a question and answer session conducted by the insurance adjuster that is tape recorded and later used to create a written document. It can be taken over the telephone or in person—usually in the insurance adjuster's office.

What is a statement for insurance claim?

What Is a Recorded Statement? A recorded statement for an insurance claim is used by the insurance company to better understand what happened in the accident to determine how much coverage needs to be applied.

What questions do adjusters ask?

Questions Insurance Adjusters Commonly Ask in Recorded StatementsWhat is your full name?Are you aware that this interview is being recorded?Do I have your permission to record your statement?Can I share the information we discuss with another adjuster?What is your address, telephone number, and date of birth?More items...•

Why do insurance companies record phone calls?

Many insurance companies record customer calls for a number of reasons – regulatory, legal, training or quality control. So, when customers share their personal information over the phone when making a payment, checking on a claim or enrolling in a new plan, that sensitive information is often recorded as well.

How do you scare insurance adjusters?

The best way to scare insurance carriers or adjusters is to have an attorney by your side to fight for you. You should not settle for less.

What should I say to my insurance adjuster?

Tips for Talking to an Insurance Claims AdjusterRemain Calm and Polite. ... Identify the Person You Are Speaking With. ... Give Limited Personal Information. ... Give No Details of the Accident. ... Give No Details of Your Injuries. ... Resist Initial Settlement Offers. ... Refuse to Give Recorded Statements.

What should you not say to an insurance investigator?

Never say that you are sorry or admit any kind of fault. Remember that a claims adjuster is looking for reasons to reduce the liability of an insurance company, and any admission of negligence can seriously compromise a claim.

Why do insurance companies need a statement?

If you reported the crash to your insurance company, it may want a statement to determine who is at fault for the accident. The insurance company may also want information about the extent of your damages and injuries. The at-fault carrier will often request an insurance statement from everyone, including the victim.

What type of questions do insurance investigators ask?

Common Questions in Recorded Statements to Insurance AdjustersCould you please state your full name?Do you understand that this interview is being recorded?Is it being recorded with your permission?If I need to share the information with another adjuster, may I do so?What is your address and telephone number?More items...

How long does an insurance company have to investigate a claim?

within 30 daysIn general, the insurer must complete an investigation within 30 days of receiving your claim. If they cannot complete their investigation within 30 days, they will need to explain in writing why they need more time. The insurance company will need to send you a case update every 45 days after this initial letter.

Can insurance companies read your text messages?

If there is evidence that you were talking on the phone, sending text messages, or otherwise distracted, your insurance company may seek to confirm those facts in order to deny your claim. They may also request records if they suspect you're involved in any form of insurance fraud.

How long do insurance companies keep phone recordings?

Once recorded, firms must keep such tapes and electronic communications for a period of at least six months from the date the record was created.

Why do insurance adjusters want a recorded statement?

Insurance adjusters want a recorded statement so they can compare it against any other statements you have made about the accident. This includes statements made in a police investigation as well as depositions for a lawsuit about the accident. The reason for this is to look for inconsistencies between the different statements.

What happens if you decline to make a recorded statement to the at fault driver's insurance company?

If you decline to make a recorded statement to the at-fault driver’s insurance company, there is no recourse they can take against you. If your insurance company requires a statement, you may need to give one to be in compliance with your policy. Ask your insurer how your statement will be used. In most cases, it is the other driver’s insurance ...

Do you have to give a recorded statement to an insurance company?

If you suffer an injury in a car accident and file an insurance claim, the insurer will likely ask you to give a recorded statement. This may seem like a reasonable request, but most accident victims do not know the reasons why the insurance company is asking for such a statement.

Can you contradict a recorded statement?

You Could Contradict This Statement Later. Recorded statements can be used in a cross-examination during a deposition or trial. If your recorded statement was collected months before, you probably will not remember the exact answers you gave. Therefore, contradictions may arise between your recorded statement and your statements made in deposition ...

Do you have to give a recorded statement?

There are no laws that require you to make a recorded statement. You should never consent to provide a recorded statement without talking to an attorney first. If asked to give a recorded statement, tell the insurance adjuster or other representative no and be firm but polite.

Recorded statements are a tactic used by insurance carriers to hurt your car accident case. Don't fall for it

Simply put, recorded statements are a trick devised by insurance companies to harm your case. There is no reason, unless you want to secure a strategic advantage for the insurance carrier, that you should be inclined to engage in a recorded statement. These statements aren't in place to help your claim.

Am I required to give a recorded statement after my car accident?

No. You are not legally required to give a recorded statement. Further, if you do, you're waiving all of the legal protections courts provide. This means that you are volunteering to play by the insurance company's own rules rather than filing suit and applying the law.

Why do I need an attorney to make a recorded statement?

Many accident victims mistakenly believe that you only need an attorney when everything goes wrong. On the contrary, a car accident attorney keeps your case from going wrong. Having an attorney represent you does not mean you have to file suit.

Give Grossman Law Offices a call

The car accident attorneys of Grossman Law Offices know personal injury law. With over twenty five years of experience in personal injury law, we have successfully gone head to head with virtually every major insurance company, and we know how to help you maximize your recovery.

What is a recorded statement?

Taking a recorded statement is one of the first steps in the claim process, providing answers to important questions, including the who, what, where, when, why, and how of the loss. Utilizing a guide for taking recorded statements will help you get the complete picture needed to make informed and better claim decisions. Attorney Bio Back to Blogs.

How to record a conversation?

Here are a few additional things to consider when taking a recorded statement: 1 Make sure to remove all distractions before taking the statement, such as noisy children, barking dogs, and cell phones. 2 Check to make sure that the recording device is working, has batteries if needed, and picks up both sides of the conversation. 3 Although responses are sometimes needed, avoid comments or unnecessary conversation when you can. 4 Use open-ended questions, such as “what happened next?” in the important areas and then follow-up with specific questions based on the response. 5 Consider if your question could be misinterpreted. If you ask the insured to list the “big” items, are you asking for items that are large in size or expensive in price? 6 When you receive a vague answer, offer ranges in your follow-up question and use events to tie down dates. Did you return in the morning, afternoon, or evening? Was it before or after dinner? Was it dark outside? 7 Listen to how the person sounds. Does his or her level of emotion seem appropriate to the situation? This can vary with the individual but is sometimes a guide. 8 Remember that the insured should be doing most of the talking. 9 Don’t be afraid of pauses—allowing the person to pause without interruption often will lead the witness to expand upon the topic or fact under discussion.

What is a template for insurance statements?

Most insurance companies have a template of questions (recorded statement guide) for taking recorded statements, which is very useful. Even the most experienced statement takers can forget important questions in the heat of the moment. Moreover, having a template helps you learn from experience. If, for example, you discover later that you should have asked if there was a hide-a-key on the car, you can add that question to your template for future use. Having a template allows you to go “off script” when you need to, and come back later to where you left off.

When do insurance companies request a recorded statement?

Often after a property loss, the insurance company may request a recorded statement of a policyholder in the days following the loss. This differs from a request for an Examination Under Oath, but policyholders must be familiar with both.

What is the difference between a recorded statement and an examination under oath?

When you have a claim ask for your complete insurance policy to see your requirements. There is a big difference between giving a recorded statement and an Examination Under Oath. Recorded Statements are not sworn or signed testimony but can still be used against you.

Can you record a property damage statement?

You always have a right to consult with a property damage lawyer before you give any statement. If you agree to give a recorded statement, you can also record it. You need to tell the insurance company you will also be recording the statement on your smart phone, tablet, or laptop. Keep your own copy.

What is a recorded statement?

Recorded statements are just a tool companies have put in place to see if you might reveal anything which could be later used to either deny the claim or pay out less money. They can use a recorded statement against you in a trial should one happen in your case.

Why do insurance companies record bad things?

Insurance Companies Don’t Play By The Ordinary Rules. Bad things come from recorded statements almost always because a client was trying to be a good person. They think they are in the good hands of some good neighbor insurance company. Injured people don’t realize what they are doing to themselves in these statements.

What is a deposition in a lawsuit?

In lawsuits, clients are subject to a sworn statement called a deposition. We spend hours making sure the client’s story comes out truthfully . As lawyers who represent injured people we do not want their answers to be twisted by the bad guy lawyer.

How to prepare for a police statement?

This means review the police report, look at the scene of the crash, look at pictures of the damage to your car, and review any initial medical records you can get. If there are witnesses, call them. If there are other pieces of important evidence, check them out.

Do insurance adjusters take statements?

The insurance adjuster takes statements on a regular basis. They have been trained on how to do it. This is, for most people, the only statement they will ever give.

Do you have to give a recorded statement in Idaho?

The insurance company adjusters often pressure you to give a recorded statement right away. They act like its the normal, necessary, thing and the injured person who refuses is somehow a bad guy. That’s just one of many techniques they use.

Can an adjuster take a recorded statement?

Yes, any experienced personal injury lawyer’s best advice, is do not allow an adjuster to take a recorded statement. Most people are not used to dealing with the pressure of answering questions for a recording. People tend to tense up. We say things wrong. We forget things. We answer questions incompletely or misunderstand the question asked. And the information is just not as precise or accurate as it might otherwise be. The information does not comes through in the precise and thoughtful manner it would if you wrote out your answers. That would allow you to make sure the answers were exactly right.

What Is a Recorded Statement?

A recorded statement for an insurance claim is used by the insurance company to better understand what happened in the accident to determine how much coverage needs to be applied.

Do You Have to Give a Recorded Statement?

Nearly every personal injury attorney will agree that giving a recorded statement is not in your best interest.

When Talking to Your Insurance Agent..

Contact your insurance company as soon as you are able after an accident, regardless of whether you plan to file a personal injury, diminished value, other any other type of claim with them. Notifying the insurance company is part of your agreement with them.

During a Recorded Statement, Watch What You Say

After you file a car accident claim, the adjuster will call you. If you agree to provide a statement, the adjuster will usually let you speak without interruption to get your side of the event.

Prepare Your Statement Ahead of Time

If you give a recorded statement, prepare an outline beforehand with the facts of your claim. Once you give a statement, you can’t undo it, revise it, or take it back. Anything you have said is now part of your claim. Should the adjuster ask you to give a statement before you’re ready, say you’re busy and would like to reschedule.

Contact Our Experienced Georgia Car Accident Lawyers

If you’ve been injured in a car accident and the insurance company is pressuring you to provide a recorded statement, contact Gary Martin Hays & Associates.