During the initial appointment, one of the questions an Atlanta car accident lawyer will ask is if you gave any statement to an insurance adjuster. They often ask for a recorded statement after a car accident.
As a general rule, you should not discuss anything with an adjuster before consulting with an attorney. Specifically, you should never agree to give a recorded statement. Here are the reasons why.
1. The Adjuster Will Try to Get You to Admit Fault
Insurance adjusters have a lot of experience in formulating misleading questions. No matter how you answer them, you will appear to have contributed to your accident in a significant manner. Consider this question: “So you were tired and you didn’t even see the other car coming?”
If you answer no you admit that you were not tired and that you did not see the other car. The second part of the statement will lead the adjuster to conclude that you were distracted behind the wheel.
2. Any Aspect You Leave Out May Be Considered a Lie Later
Many insurance adjusters ask for a recorded statement after a car accident while you are still recovering from your injuries. You may be under the influence of painkillers or tired and confused. You could forget about an essential element in the chain of events that led to the crash.
If you remember it later and your attorney adds it to your insurance claim, the adjuster will produce your statement. They will say that the new element is just a fabrication to make your claim appear valid.
3. You May Give Contradictory Statements
When you consult with an Atlanta car accident lawyer and you start explaining what you told the adjuster, the attorney may stop you and ask for clarifications. At this point, you realize that you contradicted yourself in answering two similar questions.
That may not appear as a big issue – you were in pain and still in shock after the crash. But a recorded statement has the value of a sworn deposition. It can be even used in court – and you can be sure that the insurance company will use it if the claim escalates.
The existence of any contradictions casts doubt on the truthfulness of everything else you state in your claim. In the end, it will depend on whether the jury believes you or the adjuster who claims that you are lying.
4. The Adjuster Will Twist and Interpret Even Straightforward Statements
Insurance adjusters are skilled speakers and presenters. They know how to twist even the simplest statements in their favor. They will take down your words, and any backtracking you make as you try to put order in your ideas and make it appear like you are fabricating a story on the spot.
No matter how you try to keep it simple, you may still end up with a reduced or denied claim due to your own statement.
Can You Refuse to Give a Recorded Statement after a Car Accident?
Many accident victims give the recorded statement because they believe that they cannot file a claim otherwise. Indeed, many adjusters will say that without this first step, they will not even open a claim.
However, this is not true. There is no legal obligation to give a recorded statement. If the adjuster still pressures you, defer the moment when you give the statement until after you have consulted with a lawyer.
The adjuster cannot object to an attorney being present during your statement to guide you on ways to answer the questions.
Consult with an Atlanta Car Accident Lawyer before Talking to an Adjuster!
The best course of action after a crash is to get in touch with an Atlanta car accident lawyer as soon as you are released from the hospital. If an adjuster contacts you, do not give any statement until you have the chance to present your case to an experienced attorney.
At GMV Law Group, we have extensive experience in helping clients win fair car accident compensation. Also, we offer each new client a free case evaluation, so contact us today at 404-975-4878!
