You should not give a recorded statement to an insurance company unless you’ve already consulted a personal injury attorney. The insurance adjuster isn’t asking for a statement because it could help you. They’re asking questions and asking for information that can be used to deny your claim or, if that’s not possible, minimize your financial recovery.
The insurance company might try to pressure you into providing a statement on the record. They’ll expect it as part of the normal course of business. However, you’re not always obligated to provide one. It’ll depend on whether you’re filing a first-party claim or a third-party claim, and the requirements set forth in the underlying contract.
The best rule of thumb involves contacting an experienced car accident attorney near you in Las Vegas for help as soon as you get into an accident. Your attorney can offer advice, explain your rights and obligations under the law, and step in to represent you during any communication with an insurance adjuster.
What is a Recorded Statement?
A recorded statement is essentially a formal fact-finding interview with an insurance adjuster about an accident or incident in which you were injured. The adjuster will ask a series of questions – many of which seem innocent or benign – to gain insight into the accident and surrounding circumstances.
The questions are designed to elicit information about your state of mind, your intent, and your behavior before, during, and after an accident. The insurance adjuster wants you to provide information or statements that can be taken out of context, manipulated, and used to chip away at your allegations.
Am I Required to Provide a Recorded Statement?
Not always. It often boils down to whether you’re filing a first-party claim or a third-party claim. A first-party claim involves your insurance company. It’s likely stated in your car insurance contract that you’ll be required to provide a recorded statement when you seek benefits from your policy.
A third-party claim involves someone else’s insurance company. Since Nevada is an at-fault state for auto accidents, you’ll have the right to file a third-party claim for damages if someone else causes a car accident in which you’re injured. The at-fault driver’s insurance company generally cannot force you to provide a recorded statement. They’ll still try to make it seem like it’s a necessary part of the claims process and pressure you into saying something that could hurt your case.
Why Should I Refuse to Provide a Recorded Statement?
You only have a limited perspective of what’s happened. You only experienced the car accident from your point of view. Until a thorough investigation has been completed, there’s no way to know exactly why and how the crash happened.
The insurance company knows this, so they’ll try to get you to jump the gun and offer information that – even if untrue or limited in scope – can be used against you down the line as you pursue a claim.
You should refuse to provide a recorded statement – or refuse to provide one until you’ve consulted a skilled Las Vegas premises liability attorney – to protect yourself and safeguard your opportunity to recover compensation for crash-related damages.
After an accident in Las Vegas or Reno, call Benson & Bingham. Our Nevada personal injury lawyers have forced insurance companies and at-fault parties to pay our clients more than $600 million in settlements and jury awards. We can help you navigate the claims process and the insurer’s requests while pursuing maximum compensation on your behalf. Your first consultation is free.