The Bottom Line.
You should never give a recorded statement to an insurance company representative without the advice and guidance of an attorney. When you turn down the claims adjuster’s request, remember to be courteous but direct, no matter how personable the person may be. Always keep in mind that they are employees of the insurance company and represent only its interests – not yours.
How the Insurance Company Will Use the Recorded Statement Against You
- Claims adjusters will compare the recorded statement to police reports, medical records and anything else they can get their hands on to find inconsistencies and then deny your claim as a result.
- The claims adjuster will ask questions worded in such a way that they trap or trick you into responses that hurt your case. They may try to push or bully you into agreeing to facts you aren’t certain are completely accurate.
- The most common use is to minimize your injuries or other damages. For example, the insurance adjuster may compare your auto accident to one where someone may have died, then follow up with a simple leading question such as, “So the impact wasn’t that bad?” Although your statement was clearly taken out of context, this can substantially hurt your case.
- In a lawsuit, insurance company attorneys will use your recorded statement to cross-examine you at trial or during your deposition. Although you think a discrepancy is inconsequential, the insurance company’s lawyer will stress the importance of your misstatement to convince the jury that your testimony is not believable.
Get Your Own Advocate – Contact an Attorney
If you or a loved one has been injured as a result of an auto accident, call Tyson Mutrux of Mutrux Finney, P.C. immediately at no cost or obligation to you. In some instances, we can have someone meet you at your house the same day.
Mutrux Finney, P.C.
1717 Park Avenue, St. Louis, MO 63104
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