Why You Shouldn’t Give an Insurance Company a Recorded Statement Without Understanding Your Rights
Blog Car Accidents Personal Injury
After a car accident, you may expect the insurance company to call and ask what happened. Sometimes that call comes surprisingly quickly, while you are still dealing with medical appointments, vehicle damage, and the general chaos that follows a crash.
An insurance adjuster may ask you to provide a recorded statement about the accident. While answering questions about your claim can be part of the insurance process, giving a recorded statement without first understanding what you are being asked and how your answers could affect your claim can create unnecessary problems.
For injury victims in McAllen, Edinburg, Mission, Pharr, and throughout the Rio Grande Valley, knowing how to handle communication with an insurance company can be an important part of protecting a personal injury claim.
An experienced personal injury attorney such as Chris Brasure of Brasure Law PLLC can help you understand the process, communicate with insurers, and work through your claim from the initial investigation through resolution.
What Is a Recorded Statement?
A recorded statement is an interview conducted by an insurance representative in which your answers are recorded, usually by telephone or another recording method.
The adjuster may ask questions about:
- Where the accident happened
- How the accident occurred
- What you were doing immediately before the crash
- What you remember about the other driver
- Your injuries
- Whether you have received medical treatment
- Your previous medical history
- Damage to your vehicle
- Whether you have missed work
- Other details related to your claim
The insurance company may use the information gathered during its investigation to evaluate the claim. The Texas Department of Insurance explains that insurance adjusters investigate claims and may review police reports, inspect damage, speak with witnesses, and request additional information.
The important point is that you should understand what you are saying before you put your answers on the record.
Why Can a Recorded Statement Matter?
After an accident, you may not remember every detail perfectly. You may also still be experiencing pain, taking medication, or dealing with the stress of the collision.
A seemingly harmless statement can sometimes create questions later if your description of the accident or your injuries differs from information in medical records, police reports, photographs, or other evidence.
For example, saying that you “feel fine” shortly after an accident may not accurately describe how you feel several days later. Some injuries can take time to become apparent.
That doesn’t mean you should refuse to communicate with an insurance company. It means you should understand the purpose of the questions and consider obtaining legal guidance before giving a recorded statement to another driver’s insurance company.
You Don’t Have to Navigate the Insurance Process Alone
The insurance adjuster works for the insurance company handling the claim. The Texas Department of Insurance specifically notes that an adjuster is responsible for reviewing the circumstances of a claim and estimating the payment.
When you are injured, you may already be dealing with:
- Medical treatment
- Vehicle repairs
- Lost wages
- Insurance paperwork
- Transportation problems
- Physical pain
- Emotional stress
Trying to figure out the legal and insurance side of an accident at the same time can become overwhelming.
This is where an attorney can help.
How Chris Brasure Can Walk You Through the Process
At Brasure Law PLLC, Chris Brasure can help guide injured clients through the different stages of a personal injury claim.
1. Understanding What Happened
The first step is understanding the accident itself.
That can include reviewing information such as:
- Police reports
- Photographs and videos
- Witness information
- Medical records
- Vehicle damage
- Insurance information
- Other available evidence
Texas Department of Insurance recommends documenting accident details, photographing the scene and vehicles, gathering witness information, and keeping medical records and bills.
2. Helping You Understand Insurance Communications
If an insurance company contacts you, you may not know whether it is asking for routine claim information, requesting a recorded statement, or seeking information that could affect how the claim is evaluated.
An attorney can explain what the insurance company is asking for and help you understand your options before you respond.
That can be especially valuable when the other driver’s insurance company is contacting you after an accident.
3. Evaluating Your Injuries
A personal injury claim isn’t necessarily limited to the damage you can see immediately after a crash.
Depending on the circumstances, an injury claim may involve medical expenses, lost income, physical pain, and other damages.
That’s why it’s important to understand the extent of your injuries before rushing to resolve a claim.
4. Gathering and Preserving Evidence
Evidence can become harder to obtain as time passes.
Chris Brasure can help identify the information that may be important to your case and work toward preserving evidence that can help establish what happened and how the accident affected you.
5. Communicating With the Insurance Company
Having an attorney involved can also mean that you don’t have to handle every insurance conversation yourself.
Instead of trying to determine what you should say to an adjuster while recovering from an accident, your attorney can handle appropriate communications and advocate for your interests.
6. Evaluating Settlement Offers
An insurance company may eventually make a settlement offer.
Before accepting an offer, it’s important to understand what it covers and whether it adequately accounts for the damages associated with your injury.
The Texas Department of Insurance notes that if you disagree with an insurance company’s estimate or offer, you can explain why and provide supporting information.
An attorney can help evaluate the offer and determine whether additional negotiation or other legal action may be appropriate.
What Should You Do If an Insurance Adjuster Calls?
If you are contacted after an accident, don’t panic. The call itself does not mean you’ve done anything wrong.
Consider these steps:
- Get the adjuster’s name and contact information.
- Ask which insurance company they represent.
- Find out why they are contacting you.
- Take notes about the conversation.
- Avoid guessing when you don’t know an answer.
- Don’t exaggerate or minimize your injuries.
- Keep copies of relevant documents.
- Consider speaking with an attorney before giving a recorded statement to the other driver’s insurer.
The Texas Department of Insurance also recommends keeping records of communications with insurance companies, including the names and titles of people you speak with.
What If You Already Gave a Recorded Statement?
Don’t assume that your claim is automatically ruined.
If you’ve already provided a recorded statement and are concerned about what you said, an attorney can review the circumstances and help you understand what happens next.
Every accident and injury claim is different. The significance of a statement depends on the facts of the case, the questions asked, the answers given, and the other evidence available.
Don’t Let the Insurance Process Add More Stress
After a serious accident, your focus should be on getting the medical care you need and recovering.
You shouldn’t have to figure out the insurance process entirely on your own.
From reviewing the circumstances of the accident to communicating with insurance companies, gathering evidence, evaluating damages, and negotiating a potential settlement, an attorney can help you understand what comes next.
Brasure Law PLLC Serves Injury Victims Across the Rio Grande Valley
If you were injured in a car accident in the Rio Grande Valley, Brasure Law PLLC can help you understand your legal options.
If you’ve been injured in a Texas car accident, contact Brasure Law PLLC and get legal guidance early to help you make informed decisions about your claim.
