It is common for an adjuster to ask to take your recorded statement in Workers’ Compensation and Personal Injury claims. This sounds harmless, right? WRONG. You should ALWAYS speak with an attorney prior to providing a recorded statement, as this statement can and will be used against you later if possible!
What is a recorded statement? A recorded statement is a series of questions that an adjuster asks you about the circumstances and events surrounding an injury claim (or any claim for that matter). Your responses are then transcribed and ultimately become an official part of your file surrounding the claim.
Recorded statements are used to help determine whether the insurance company will cover your claim and/or cover your damages or injuries. These statements are crucial to the viability of your case and are often part of the “routine” process for an adjuster who is investigating your claim. Upon initial request to take these statements, your guard may not be up and you may feel obligated to comply, but BEWARE… the information you provide could be used against you later! Adjusters may use questions to trick you and confuse you, even when your intention is only to tell the truth. These tricky questions can be fatal to your case down the road. It is best to seek advice from an attorney before giving these statements. If you are inconsistent, even on dates that can be hard to remember, it can appear as though you are lying. If you are too detailed, you can accidentally overexplain, providing opportunities for the adjuster to pull harmful information out of during your statement. If you are vague, it can appear as though you are not sure how the accident occurred, causing suspicion and a possible denial. Adjusters have far more experience than you do when it comes to statements about an injury. This provides them with the advantage in leading and often manipulating the conversation to lean towards a denied claim. If you are represented by an attorney, your legal team can clearly level the playing field by walking you through this process so that you can accurately tell your side of the story when a recorded statement is required. In some situations, your attorney may shield you from a recorded statement completely.
We would strongly urge you to contact us to schedule a free consultation with Attorney/Owner, Maggie Shankle prior to providing a recorded statement about your injury. It’s better to be prepared and know how to protect yourself when reporting how your injury occurred.