A car accident where you were not the at-fault driver might seem like a scenario that would be very straightforward. For instance, if you were driving through an intersection and were struck by someone running a red light, the other driver would be liable for what happened. That seems simple, but insurance companies will sometimes look for ways to shift that blame, if only just a little. Their hope is to pay less for what happened.
In order to attempt to shift that blame, insurance adjusters will ask to take a recorded statement from you regarding what happened. This is sometimes done under the guise of “expediting your payment” or “make an assessment.” The questions asked are designed to find a way to shift some of the blame to you, making you partially at fault. Small nuances in what you say can make a big difference. These recorded statements are used in settlement discussions and in court and can be done by either your or the other driver’s insurance company.
Insurance companies are businesses, and, like other businesses, their first priority is to make money. This is why they look for opportunities to pay you less. Maximizing their own savings means they ultimately make more. If they can exploit what you say, either by admission or unclear statements, to help their bottom line, they will. These recorded statements are a routine part of their business, which is why it is best to have a car accident attorney on your side.
Revisiting our previous scenario, an adjuster might ask if you saw the other driver approaching the intersection and then ask if you tried honking your horn or hitting your brakes. If you admit to seeing the other driver right before they ran the light and hit you but did not honk your horn or attempt any other action, the insurance company might try to use that against you. It does not matter whether you had time to react, they will try to make you seem partially at fault.
This is why you should speak with an experienced personal injury lawyer after an automobile accident. Together, you can review what they will ask and how to respond before giving a recorded statement to an insurance company. This helps to prevent any issues, ensuring you get what you deserve. Eventually, you will need to give a statement if your insurance company asks, so it is best to speak with an attorney and have a plan in advance. Remember that you have the right to speak with a lawyer before giving your statement.
If you have been in a car accident and are now facing medical bills and questions about your insurance, call or text us at (612) 465-8733 for a free consultation.
