Portland Personal Injury Lawyers

Oregon Personal Injury Law Questions and Answers

   

Q: Should I give a recorded statement to the insurance adjuster? 

A: Here’s the short answer:  NO!

And, the long answer:  If you’ve been in an accident involving a car, you’re probably dealing with two different insurance companies – your own insurance company, which is paying your medical bills through Personal Injury Protection (PIP) coverage, and the liability insurance company (the insurance company for the driver who hit you).

You should never give a recorded statement to the insurance adjuster of the person who hit you.  They are not on your side!  They will use that statement for one reason only:  to reduce the amount of money they pay you.

Many people think, “I’m just going to tell the truth; that can’t hurt me.”  Well, of course you’re going to tell the truth!  But here’s the question you should be asking:  “Can letting them record me possibly help me?”  The answer to that is no.  It quite literally cannot help you.  The Rules of Evidence usually only allow an injured person’s recorded statement to the insurance adjuster to be used to contradict things that the injured person says at trial.

We have seen a person’s truthful recorded statement used against them many times. We have never seen it help. Giving a recorded statement to the insurance adjuster for the other person’s insurance is a bad idea, and if they insist consider hiring an attorney – they can often walk you through the process.

If you’re tempted to give a recorded statement to the bad driver’s insurance company, ask them this question first:  “If I give you a recorded statement, will you let me take a recorded statement from the person you insure?  The one who hit me?”  I promise you, they will never, ever say “yes” to that question.  Why?  Because they know that letting the other side nail you down with a recording cannot possibly help you.

Your own insurance company – PIP – is a bit different.  They sometimes require that you give a recorded statement before they’ll pay your medical bills.  Our answer is the same:  you should not give it to them.  But the difference is that they have a threat:  that they will stop paying your medical bills if you refuse.

If your insurance company pulls this trick with you, they may be leaving you with no option but to get a lawyer.  If you do decide to give your own insurance company a recorded statement – and we don’t advise it! – but if you must, then at least get it in writing that they will not share your recorded statement with the other side. If they refuse, ask them who’s side they’re on, after taking your monthly premiums so happily for all these years.

You should never give a recorded statement to the insurance company of the person who hit you. It will only be used against you. If the insurance company of the person who hit you asks for a recorded statement, consider asking them a few of the following questions first:

1. Will you admit in writing that the accident was not my fault?
2. How much insurance does the person who hit me have?
3. Will you give me a copy of the recorded statement that you have already taken from the person who caused this accident?
4. Will you promise in writing to give me a copy of any statements you get from witnesses?
5. If I sign your medical releases, will you put in writing that you will immediately give me a copy of everything that you obtain?
6. How much money have you set aside in reserves for my claim?
7. Have you done any video surveillance of me?
8. Will you promise in writing that you will not do any video surveillance of me or that you will tell me before you do?
9. What financial information have you already obtained about me?
10. Which of my neighbors have you already interviewed?

The truth is the insurance company of the person who hit you will probably not answer even one of these questions — think about that before you start to answer theirs.

Watch the video Joshua Shulman created about Talking to Insurance Adjusters.