If you are reading this post you have either been injured at work (worker's compensation) or in a motor vehicle accident that was not your fault. In Worker's Compensation cases you have filed a claim to receive reimbursement for your work injury related expenses from your employer's worker's compensation insurance carrier. If you were involved in a motor vehicle accident you are attempting to recover from the at-fault driver's insurance company.
After filing your claim, you receive a call from the insurance company's adjuster and he/she requests that you give a recorded statement. What is a recorded statement and is it in your best interest to give one?
Recorded Statements
The recorded statement is your opportunity to tell the insurance adjuster (while being audio recorded) what happened the day of your accident. This usually occurs over the phone. Some typical questions asked: are you the car owner?, where there passengers in your car?; date, time and location of accident; what was the weather like?, how many vehicles were involved?, where you drinking alcohol or on your cell phone?, were you injured and if so, where?, did you seek medical treatment, if so where and where are you receiving medical treatment for your injury now? Adjusters can ask about pain on a scale from 1-10 and current medications as well.
Insurance Adjusters and Recorded Statements - Should you give a Recorded Statement?
There are varying opinions in the legal community as to if you should give a recorded statement. You are not legally required to give a recorded statement to the at-fault's adjuster BUT it is difficult to expect the adjuster to pay your claim without speaking to you about the accident and getting your version of what happened.
But the insurance adjuster can try to use the recorded statement against you. You may tell them that it was raining and they may want to make an issue out of lowered visibility even though you were not the driver that caused the accident.
At The Bishop Law Firm, we do recommend that you seek legal counsel before dealing with insurance adjusters and recorded statements to ensure that your rights are protected. We represent Workers' Compensation and Personal Injury clients in Raleigh, Durham, Rocky Mount, Wilson, Smithfield, Louisburg, Chapel Hill, Roanoke Rapids and surrounding areas in North Carolina. Give us a call today!
