After a car accident, it’s common for insurance adjusters to quickly reach out to you to request a recorded statement. At first, this can seem harmless, and you may feel inclined to fulfill their request without a second thought. However, the truth is that insurance adjusters are trained to ask you questions in ways that can weaken your claim and minimize your payout.
Too many injured people unintentionally harm their case with just a few wrong words. That’s why you need to know what not to say in a recorded statement, how to protect yourself when pursuing a personal injury claim, and when you should call a car accident lawyer in Greensboro, NC, to step in.
Why Insurance Adjusters Want Recorded Statements
Although they can offer a lot of help in times of disaster, it’s important to remember that insurance companies are still for-profit businesses, even your own insurance company. Their primary goal is not to help you or pay you what you deserve, but rather to minimize their costs. Recorded statements are one of their most effective tools for doing this.
When they request a recorded statement, your insurer’s goals include the following:
- Locking in Your Story – Let’s say your insurer reaches out quickly and you offer them all you can remember about the accident. Then, days later, you remember more or realize a detail was inaccurate. The insurer may argue that your story is inconsistent.
- Fishing for Admissions – They will ask leading questions designed to push you towards answers that can weaken your claim. Often, the question is an attempt to get you to admit some level of blame, such as, “Would you agree that you might have been going a little fast?”
- Comparing Statements – Once they have your recorded statement, insurers will compare it against police reports, medical records, and witness accounts to find any discrepancies between the two. If they find any, it may call your credibility into question.
- Using Your Words Against You in Negotiations – Any misstatements you make can be turned against you when it comes time to negotiate for a fair settlement.
The goal of a recorded statement is not to gain clarity or to help you, but to build a case against you. Insurers are trained to ask questions that may trip you up, confuse you, or make you say something you don’t mean or that isn’t even true.
Should I Give a Recorded Statement to the Insurance Adjuster?
Insurers may act as if offering a statement is routine, or even required. Still, it’s crucial to remember that in North Carolina, you are not legally obligated to give a recorded statement to car accident insurance companies after a collision. You have nothing to gain from offering one, and it’s generally best to leave communications with insurers up to an experienced car accident attorney.
Common Mistakes People Make in Recorded Statements
Even honest people trying to tell the truth sometimes make errors that can harm their case when speaking with insurers. Some common mistakes include the following:
- Guessing or Speculating – Saying things like “I think I was going 50 mph” when you aren’t sure gives insurers a way to question your accuracy and honesty.
- Minimizing Injuries – Insurers seek quick statements because the real impact of your injuries may not be known early on. You might say “I’m OK” or “It’s not that bad” to them, only to realize that it’s worse than you previously believed
- Overexplaining – The pressure of offering such an important recorded statement often makes people nervous, leading them to provide rambling answers that can be inconsistent.
- Taking Partial Blame – Leading questions can prompt people to say things like, “I guess I could have braked sooner,” which insurers will frame as an admission of fault.
- Discussing Medical History – Adjusters may ask questions about prior injuries or conditions, which they will use to argue that your pain isn’t from the accident.
These mistakes are not only easy to make, but insurers are actively trying to get you to make them throughout the claims process. That’s a big reason why it’s so common for injured people to hurt their insurance claims by offering recorded statements.
What Insurance Adjusters Often Ask
The questions asked in a recorded statement for car accident insurance companies are carefully crafted to protect the company’s profits. Some of the most common among them include the following:
- “Can you describe what happened in your own words?”
- “How fast were you going?”
- “Did you see the other car before impact?”
- “Were you using your phone at the time?”
- “Have you ever had pain in this part of your body before?”
- “What kind of treatment are you getting?”
- “Do you think you’ll recover soon?”
While the injured person may recognize how some questions might be used against them and answer accordingly, it can be difficult to answer every question without inadvertently providing information that might weaken their claim.
How to Protect Yourself in Recorded Statements
Your first option should always be to let an experienced car accident lawyer in Greensboro, NC, handle communication with insurers on your behalf. However, if you do choose to give a recorded statement or feel pressured into it, keep the following protections in mind:
- Know Your Rights – Many adjusters will phrase their request for a statement as mandatory or imperative, but you do not legally need to provide one in North Carolina. You can take your time to consider the request, seek legal counsel, and decide how you want to respond.
- Keep Answers Short – Stick strictly to the facts. The more detail you give, the more opportunities the adjuster has to twist your words or find inconsistencies. Short, direct responses reduce the risk of unintentionally weakening your claim.
- Avoid Absolutes – People often use words like “always” and “never” when they don’t mean them literally, but doing so can trap you later if evidence contradicts those words. It’s safer to describe what you recall without any rigid, definite statements.
- Don’t Minimize Injuries – It’s OK to say you’re unsure of the full extent of your injuries or are still being evaluated. Many injuries take time to fully appear, and what may be true during the recorded statement can change afterwards.
- Never Admit Fault – Even if you think you share some responsibility, let the investigation and your lawyer determine that. North Carolina’s strict contributory negligence rule means that if the adjuster can show that you’re even 1 percent at fault, you may be prevented from seeking any compensation.
Have a Lawyer Present – The safest approach is to seek legal guidance before speaking with insurers. An experienced attorney can guide you through the process and step in when necessary to prevent you from offering words that can be used against you.
Other Deceptive Insurance Tactics to Watch Out For
Recorded statements are just one of many tactics insurers use to weaken claims and minimize payouts. Some other common ones include the following:
- Making Quick Settlement Offers – Adjusters frequently offer a fast, lowball settlement to get the injured party to waive their right to seek further compensation before they know the true extent of their injuries.
- Requesting Broad Medical Authorizations – Gaining access to your medical records allows insurance adjusters to dig through your medical history in search of anything outside of the accident that they can link your pain to.
- Delaying Your Claim – Stalling tactics can put a lot of pressure on the injured party to accept a low settlement, as bills continue to pile up and financial distress continues to grow. These tactics can also push the case past the deadline for filing a lawsuit.
- Shifting Blame – Trying to assign partial fault to the car accident victims can be highly effective in North Carolina, as state law bars anyone who shares any amount of fault in an accident from recovering compensation.
When a Lawyer Should Step in Immediately
While it’s true that not every fender-bender requires legal representation, working with an experienced attorney can make a tremendous difference in the outcome of many cases. You should contact a lawyer right away if any of the following would apply to your situation:
- You suffered serious injuries or required hospitalization
- The adjuster is pressuring you for a statement or medical release
- Liability is disputed
- The accident involved multiple parties
- You’ve received a settlement offer that seems low
When a case involves any of the above, insurance companies will be prepared with the necessary adjusters and lawyers. Having your own legal advocate evens the playing field.
The Kreger Brodish Approach
At Kreger Brodish, we’re dedicated to protecting our clients from insurance company tactics as they pursue car accident claims. When you choose us to represent you, you’ll enjoy the following:
- Free and Convenient Initial Consultation – We’ll sit down with you and go over your case to determine if you have a valid claim, and we’ll do it free of charge and obligation.
- Consistent Availability – Our team strives for consistent, convenient communication. We’ll keep you informed about the progress of your case, and we’re always happy to answer any of your questions.
- Personalized Services – Every case is different, and so is every client. We tailor our legal services to meet your specific needs and help you achieve your goals
- Fair and Transparent Legal Fees – Our fees are directly proportional to the value we offer, and we’re always transparent about exactly what they are.
Contact Our Car Accident Lawyers in Greensboro, NC, Today
If you’ve suffered injuries in a car accident, you need an experienced personal injury attorney to protect your rights. Kreger Brodish can handle all communications with your insurer and the other party’s insurance company as we build your case and fight for the accountability and compensation you deserve. Contact us today for your free consultation.
