A common question asked by people involved in car accidents is whether or not they should give a recorded statement about the facts of the accident, as many auto insurance companies may contact those involved in the accident to request a recorded statement. As an experienced car accident attorney, I know that recorded statements are not required and do not actually help insurance companies handle an accident case. To understand this better, it is important that drivers understand the legality behind recorded statements and their primary purpose.
When A Car Accident Happens
After a car accident happens, most drivers will receive a call from either their insurance company or the company representing the other driver involved in the accident, asking for a recorded statement about the accident. They advise that they want to hear in the driver’s own words what happened and record that statement to determine who is at fault. While this may seem reasonable, as a car accident attorney I warn my clients that such statements can in fact be used against them when determining fault.
Drivers who provide statements without legal representation may inadvertently provide details that could negatively affect them later during the negotiations process. Once a statement is recorded, it is part of the legal record of the accident and usually admissible at a trial.
The Legality of Recorded Statements
Although many people may feel pressured, no driver is required to give a recorded statement to an insurance adjuster after an accident. As noted above, recorded statements are not legally necessary nor serve a purpose that cannot be accomplished with a written statement. Of course, once a recorded statement is given, it cannot be undone.
It is for these reasons that as a motor vehicle accident attorney, I advise my clients to decline giving a recorded statement. In the few cases where a recorded statement could be helpful, I recommend that my clients give a recorded statement with me being present to protect their interests.
Handling A Request For A Recorded Statement
It is certainly possible for anyone involved in an accident to become confused about what they should or should not do to assist in the handling of their accident claim. Giving a recorded statement is not a requirement and no one should feel pressured to give a statement. I advise my clients to politely decline the request and refer them to me if they have any questions. It is always a good idea to discuss any accident with experienced auto accident lawyers to ensure that the rights of a person involved in a car accident are protected. As a car accident attorney, I make sure that my clients are treated fairly by insurance companies after declining to give a recorded statement.
Getting into a car accident can be upsetting for any person; it is not the best time for them to be giving statements of any kind to insurance companies. Based on my many years as an attorney helping clients deal with the aftermath of car accidents they did not cause, I recommend against giving a recorded statement before first talking with a lawyer. These statements are not required by law and can be used against them in the handling of their case. The best way for drivers to protect their rights after an accident is to not give a recorded statement until discussing the accident with experienced auto accident lawyers.
Pofahl Law Firm, P.C.
3736 Eubank Blvd NE Suite D
Albuquerque NM 87111