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The potential dangers of giving a recorded statement to insurance

April 6, 2019

While you deal with the medical and financial fallout of a major motor vehicle accident, you likely anticipate that the insurance companies involved will do right by everyone involved in the crash. After all, insurance companies often run commercials bragging about how friendly and neighborly they are. They may talk about how fast they pay out on certain kinds of claims.

All of that advertising expenditure is worth it. Insurance companies want to make you feel comfortable with them. That way, they can use that trust to manipulate you and potentially reduce their liability for paying your claim after an accident. Educating yourself about recorded statements can help you better protect yourself if you have to give one after a crash.

The insurance representative will be kind and supportive, but they aren’t your friend

Chances are good that you will feel comfortable quickly with the person handling your report. Insurance professionals receive special training on getting people to feel that way. When you feel appreciated and heard by an interviewer, you may accidentally divulge information you did not intend to.

You may also simply speak more freely, which can have consequences as well. While you want to be friendly and considerate toward the person handling your interview, you should never forget that they have the best interests of the company and not you at heart. Be very careful about what you say.

Watch out for leading questions

If you don’t immediately offer information that implies you share culpability for the crash in some manner, the person taking your statement may begin to prompt you with questions. They want to lead you into admitting fault. While you should absolutely be honest when you answer, you should also be careful not to say anything that could in any way indicate that you were responsible for the crash.

Even saying something like “I’m sorry the other driver got hurt, too” could wind up impacting your claim. An apology can be seen as an admission of guilt, which could mean that you have some degree of fault for the crash. Believe it or not, the courts can and do side with insurance companies sometimes over things as small as a simple apology.

You don’t have to give a statement on your own

While you may need to give a statement in some circumstances, that doesn’t mean you have to do so without any help. You have the right to legal representation in matters that could affect your legal and financial future.

Having a Lexington car crash attorney you trust and who understands personal injury cases related to car crashes present for any recorded statement provided to insurance could help protect you from making mistakes that will impact the success of your Kentucky claim. They can also help you with negotiations, if they become necessary.