Should Car Accident Victims Give Recorded Statements? Here's what a Car Accident Lawyer has to say.

Grady Flattmann
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Local Covington, Louisiana attorney focusing 100% on personal injury matters.

You are the victim of a car accident and the adjuster for the other person's insurance company wants to take your recorded statement.  Should you let them?  Are they legally entitled to take your statement?  Here are some answers from a Louisiana Car Accident Lawyer.

In Louisiana, You Are Not Required To Give A Statement To The Other Party's Insurance Company.

The other person's insurance company will ask you to give a recorded statement, but you are not required to do so.  It is usually best not to give a statement.  In fact, in my experience, the only reason the other person's insurance company wants your statement is to use it against you later on.  Insurance adjusters handle hundreds of cases.  They receive training in taking statements from victims of car accidents and that training consists of getting car accident victims to say that they are not hurt, or that their injuries are minimal. 

There Is Nothing Complicated About My Accident.  Why Is The Car Accident Lawyer Saying I Shouldn't Give A Recorded Statement?

Good question!  If your car accident is obviously the other driver's fault, such as a rear-end collision, T-bone, or the fault of a drunk driver, there shouldn't be any need for the insurance company to take your statement.  If they are truly trying to determine who is liable or at-fault for the accident, they should be able to get that information from the police report or from their own driver. 

The Insurance Company Can Process Your Claim Without Your Recorded Statement.

As the victim of a car accident, you have the obligation to prove that the accident was the other person's fault.  However, let's make one thing clear.  This can typically be done by providing the insurance company with a copy of the police report, or by them speaking with their own driver.  The other person's insurance company can make a liability determination and make arrangements with you to fix your vehicle and provide you with a rental car without having to take your recorded statement.  Later on in the case, they can also work with you (or your Car Accident Lawyer) to pay you for your personal injury claim.  No recorded statements necessary. 

Exception To The Rule (What Happens When I Deal With My Own Insurance Company)?

In some situations, you may be dealing with your own insurance company after a car wreck.  For example, you may have been the victim of a hit and run accident.  Or, you may be filing a Uninsured Motorist or Underinsured Motorist claim with your own insurance company.  In those situations, your contract (policy) with your insurance company may require you to cooperate with your insurance company and you may have to give a recorded statement.  In those situations, it is a good idea to speak with an experienced Car Accident Lawyer before deciding to do so.

Contact us today at (985) 590-6182 for a free and confidential consultation from our office located in Covington and serving all areas of the Northshore including St. Tammany, Tangipahoa, and Washington Parish (Covington, Mandeville, Madisonville, Slidell, Hammond) and the New Orleans metro!