No, you should not give the truck insurance adjuster a recorded statement. But, why not?! The short answer is because it’s not in your best interest.
Within days of getting into a truck accident, letters and phone calls from the “at-fault” insurance adjuster will likely start filling up your mailbox.
The insurance company needs information from you to process your claim. And, they need your side of the story – what you saw, what happened, the extent of damage to your vehicle, if you were injured and if you are receiving treatment for your injuries. Sounds innocent enough and riddled with what would seem like common sense, right? But, unfortunately, most insurance adjusters are trained to lock you into your story, and moreover, they are trained to try and convince you to settle your claim even before you know your rights or have the chance to speak to a Virginia truck accident injury attorney that is on YOUR side. Protecting YOUR rights.
As the adjuster works to seek information about the accident, it is common practice for them to ask for a recorded statement. While you will inevitably need to tell your side of your story, you should have an attorney with you in-person or at the very least on the call with you. The adjuster is more often than not poised to ask questions that are impossible for you to answer such as, but not limited to, what was the exact speed you were traveling at the time of impact? Or how many seconds was the traffic light red, and so forth.
Most clients, in an effort to be helpful and forthcoming, will attempt to give answers to these impossible questions which leads to “guessing”. But, you shouldn’t guess. This isn’t a test. You only need to tell the adjuster what you know, not what you think happened based on a guess. There are other factors that need to be considered too. After sustaining an injury you might be on pain medication and that can alter your memory and thinking. For all of these reasons you don’t want to lock yourself into statements that might not be accurate. Having an attorney present after an accident can ensure the questions asked are fair and that someone is there to protect and preserve your rights.
Keep in mind your own insurance company might call and request a recorded statement and the same answer applies – while you do need to provide requested information to your insurance carrier, you should do so with the protection of an attorney.
The take home message is simple and important, if you are injured in an accident and the “at-fault” insurance adjuster calls for a recorded statement or if your own insurance company calls for a recorded statement, politely tell them you want your attorney involved. Then get an attorney.
For more information, download our law firm’s free truck accident injury guide.