In today’s blog post we will get into what exactly a recorded statement is, and why getting legal advice before submitting your statement is key.

If you have been in an at-fault car accident or had to file a claim with an insurance company in Massachusetts, you will likely be asked to submit a document called a recorded statement to an insurance adjuster.

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If you’re drawing a blank, don’t worry. In today’s blog post we will get into what exactly a recorded statement is, and why getting legal advice before submitting your statement is key.

Typically, following an accident, an insurance adjuster will call you and ask that you provide a recorded statement about your accident. Usually, it is the other driver’s insurance company that requests a recorded statement. They will ask you for identifying details like your name, address, and birth date. They will ask about the accident, how it occurred, and how you felt afterward. Your conversation will be recorded. The answers you provide are turned into a document called a recorded statement. 

While this process sounds entirely reasonable, you should know that you are under no legal obligation to give a recorded statement. While you must cooperate with your own insurance company, you do not have to speak to the at-fault party’s insurer. To that end, you should deny the request for a recorded statement, and instead, tell the adjuster you prefer to give them a written statement that will be submitted on a later date. Take note that it’s fine to provide the adjuster with your name, address, and telephone number but nothing more.

At this point you may be wondering how giving a recorded statement could be so perilous to you. The answer – without realizing it, you may give up important information that can weaken your claim and reduce the amount of money your end up receiving. We know from more than four decades representing personal injury clients that adjusters will carefully review the answers you provided to find inconsistencies.  It’s even possible that the adjuster will ask misleading questions that you answer without knowing their true intention. 

Our experienced attorneys know all the tactics that adjusters try to use when interviewing accident victims.

Why? At the end of the day insurance companies are for-profit businesses focused on their bottom line. The less money they have to pay you, the fatter their bottom line. That’s why it is so important to get advice from our Swartz & Swartz car accident attorneys before agreeing to participate in a recorded statement interview. Our experienced attorneys know all the tactics that adjusters try to use when interviewing accident victims. Our attorneys can help you prepare your answers ahead of time, teach you how to spot misleading questions, and ensure that the truthful accurate narrative is part of the record.

If you already given a recorded statement, don’t be concerned. Our car accident attorneys can still help you. 

Here some Quick Tips about Recorded Statements 

  • Request that the statement not be recorded.
  • Avoid volunteering information.
  • Do not admit fault.
  • Avoid explaining, and if you are asked to explain, be as brief as possible.
  • If you do not know the answer or are not sure, say so.
  • Do not answer any questions if you are not absolutely sure about what is being asked.
  • Do not sign anything unless you have it reviewed by an attorney.

If you’ve been hurt or injured in a car accident please do not delay. Give our experienced personal injury attorneys a call today. We are here to answer your questions and protect your legal rights. Call our Boston, Massachusetts office at (617) 742-1900, or toll-free at 1-800-545-3732

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James Swartz, our Managing and Principal Attorney at Swartz & Swartz P.C., is a nationally recognized and respected trial attorney as well as consumer advocate. His practice focuses on cases involving negligence, torts, products liability, medical malpractice, wrongful death, and other claims involving catastrophic injuries.

 

 

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