“Anything you say can and will be used against you.”
While a personal injury case is a civil matter not a criminal one, you should heed the advice. At the earliest opportunity the defendant’s insurance company will contact you attempting to get information regarding the accident. While it’s never advisable to be rude, don’t voluntarily give out more information than necessary early in your case. Details such as your name, the location of the accident and where your car is located so it can be evaluated for repair are fine to discuss.
However, if the insurance company representative is asking about your injuries, your auto insurance information, the names of witnesses or the like we suggest you tell the representative you are not comfortable speaking about the case at this point. Ask them to send you a letter with the name of the insurance company, a contact person and the claim number and you will contact them in a few days.
Sometimes an insurance company will ask to take a “recorded statement.” This is exactly what it sounds like. The insurance company wants to record your answers to their questions over the phone.
DO NOT GIVE A RECORDED STATEMENT WITHOUT SPEAKING WITH AN ATTORNEY FIRST!
The insurance company representative on the other end of that phone is going to ask you a series of questions designed by the insurance company’s lawyers. They didn’t design it to help your claim. They designed it to either deny your claim based on something you say or to reduce the amount they will ultimately have to pay you.
Recorded statements are sometimes necessary, but only after you understand the issues surrounding your case. Only an experienced personal injury attorney can identify those issues and prepare you for them. At the Kerr Law Firm we have prepared hundreds of clients for recorded statements and depositions.
If you have suffered an injury and want to speak to an attorney, call us. From our office in Hilton Head, South Carolina we represent injured persons in the surrounding area of Hilton Head, Bluffton, Beaufort and Savannah as well as the entire States of South Carolina and Georgia.