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Can Auto Insurance Companies Compel Injury Victims to Make Recorded Statements?

April 19, 2016 | Category: Car Accidents

When other motorists clearly cause auto accidents, the accident victims commonly turn first to filing claims with the auto insurance companies of the at-fault parties. This option typically provides the most efficient method for obtaining funds to pay for injuries and other damages.

While dealing with vehicle damage after relatively minor car accidents involves inconvenience and stress, victims of more serious accidents can sustain significant injuries. When insurance companies compound the suffering by insisting that victims make recorded statements, each Los Angeles auto accident attorney at our firm suggests that accident victims proceed with caution.

Recorded Statements are Optional and Not Required by Law

No one would expect an insurance company to pay a claim automatically upon request. Auto claims undergo insurance company investigations to help determine pertinent information, such as the following:

  • All parties that may have shared fault for an accident
  • The value of vehicle damage based on inspections that can also provide evidence pointing to fault
  • The degree of injuries, based on medical reports
  • The immediate expenses related to injuries
  • The likelihood of future medical expenses based on injury severity

Conducting this type of investigation is a normal part of any claim, but according to the  California Department of Insurance, the insurance companies of at-fault drivers are likely to ask for a written or recorded statement from claimants. It is important to understand that victims are not required to provide statements. In fact, insurers typically use the statements to find reasons to reduce or deny claims.

Common Insurance Company Tactics Often Compel Victims to Record Statements

When insurance claims adjusters request recorded statements, they do not typically accept "no" for an answer. They may explain that the recorded statement is a necessary part of the claim examination and they are likely to warn that the lack of the statement will delay the claim — or even put it on hold. After receiving these warnings, accident victims who refuse to record statements are likely to witness signs of delays, particularly if they attempt to follow up on their claims.

No accident victims should feel compelled to record statements when they do not want to do so. Understand that the questions asked during these interviews are designed to work against accident victims, rather than fairly assist in the claims process. It is a relatively easy matter for experienced claims adjusters to obtain different responses when asking the same question in different ways. They can also negatively interpret responses. Consider a simple question like, "What were you doing at the time of the accident?" If the response is, "I was checking traffic before moving into the right lane of traffic," the insurer may claim that the victim was distracted.

So, what are the options when the insurance company appears to hold all the cards and signs of claim delays are evident? This is a good time to seek support from an experienced auto accident attorney who understands insurance claims and the regulations that govern them.

Even when accident victims agree to make the recordings, an attorney should be present to guide them. On the other hand, if they choose to decline, it might take a single call from an attorney to unlock a stalled process and get the claim moving forward again. Call us at (844) 478-3626 / (844) 4RUDMAN, at our Los Angeles office at (213) 375-3777 or at our Studio City office (818) 769-6969 to preserve all legal rights.

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