How Insurance Companies Use Recorded Statements After Texas Car Accidents
Insurance companies use recorded statements after a car accident in a number of ways, including securing a version of events, determining liability, gauging injuries and their severity, and identifying inconsistencies. As a result, a recorded statement could be detrimental to a claim if not carefully considered.
Before providing a recorded statement in an insurance claim, learn more about how insurance companies use recorded statements. Consult a car accident attorney in Houston by calling Bradshaw Law, LLC, at 775-738-7444.
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Why Insurance Companies Ask for Recorded Statements After Texas Car Accidents
According to multiple sources, the average compensation for a Texas car accident insurance claim is around $22,000 to $25,000, but these settlements can be considerably lower or higher, depending on the nature of the accident and the claimant’s liability. Texas at fault laws specifically work under a modified comparative negligence rule, which dictates that claimants can recover compensation for an accident as long as they are less than 51% at fault.
One major factor that can tip the scales in these cases is a recorded statement. When insurance companies investigate a claim, they may ask for an official statement from claimants.
There are multiple reasons why insurance companies may request a recorded car accident statement:
- Creating Official Testimony: Insurers often want to collect an official statement from claimants giving their version of the story, which they can then probe for contradictions or other issues, ideally before the claimant can receive advice from a lawyer and understand the extent of their case.
- Determining Liability: One of the main purposes of obtaining a recorded statement in an insurance claim is to determine if the claimant was liable and to what degree, often looking for signs of impairment or details that don’t match up to those in police reports from the accident scene.
- Confirming the Nature of Injuries: Insurers can also collect statements to get a sense for the injuries the claimant suffered and determine if those claims align with medical records and other documentation.
- Identifying Inconsistencies: Insurance adjusters may try to determine if the official statement differs from initial claims and other versions of events, which could indicate dishonesty or a failure to remember the details of the accident clearly.
How Recorded Statements Can Be Used Against You in a Texas Accident Claim
Insurance adjusters frequently ask for official recorded car accident statements in the hope that they can either deny or undervalue car accident claims when given a valid reason to do so.
There are a few key ways these recorded statements may be detrimental to your case:
They Could Establish That You Were Liable
As mentioned, insurers use statements to help indicate who was liable for an accident. In an official statement, claimants may inadvertently admit fault or otherwise indicate that they were partially or fully responsible, which could compromise their ability to recover compensation.
Even if the other party had sole liability, a perceived apology or misalignment of your statement with the apparent facts of the case could make you appear liable.
They Could Minimize Your Injuries
Another problem with recorded statements is that claimants may unintentionally minimize their injuries and make them appear far less serious than they actually are. This is particularly possible early on when a condition hasn’t had time to develop more obvious symptoms and indicate a serious underlying condition to medical professionals.
For instance, victims may experience an adrenaline rush or shock that makes them feel little to no pain in the hours or even days after an accident, leading them to claim that they are “fine” even when symptoms worsen afterward.
They Could Damage Your Credibility
Adjusters will look for inconsistencies in your statement that could indicate that you’re either lying about or misremembering the details of an accident. The details you provide might contradict police reports, medical records, witness statements, or footage of the accident. In other cases, the claimant’s official version of events might not line up with his or her previous or subsequent versions.
They Could Generate Premature Records
Giving an official statement early on in your case could lead to the generation of critical records before your car accident lawyer had the chance to review all evidence and uncover any crucial facts in your case. In turn, this statement could hurt your ability to introduce new information to insurers before they make a decision regarding your claim.
When (and If) You Should Give a Recorded Statement After a Texas Car Accident
In Texas, you are not legally obligated to provide another party’s insurance company with a recorded statement. While you may need to provide one to your own insurer, there are precautions you should take to determine whether and when to give a statement.
Determine If You’re Ready to Give a Statement
You should never give a recorded statement to the at-fault driver’s insurer when filing a third-party claim, if you are feeling rushed or pressured, if you have yet to see a medical professional to diagnose your injuries, or without consulting an attorney beforehand for legal advice.
Provide a Written Statement
If you need to provide your insurer with a recorded statement, provide a written one that’s carefully crafted. A car accident lawyer can help with this and ensure you don’t say anything that could compromise the integrity of your case.
Always Speak With an Attorney Before Giving a Statement
There are many things you could say that unintentionally hurt your case and ability to recover compensation in a car accident claim. An attorney can advise you on whether you need to give a statement, when to give one, and what to include in your statement.
If an attorney decides to represent you in a case, he or she may also provide a formal statement on your behalf, further helping you avoid making mistakes in the process.
Experienced car accident attorneys in Texas understand the kinds of tactics that insurance adjusters use to undervalue or reject claims, from highlighting inconsistencies in statements to interpreting admissions of fault. Your lawyer could help you navigate adjuster requests to help ensure you file a valid claim that accounts for the total amount of damages you sustained, proves liability, and keeps the claims process moving.
To learn more about what a reliable attorney could do for you, the legal team here at Bradshaw Law, LLCcan review your case. Contact us today to schedule a free consultation with one of our attorneys.
FAQs
What is a recorded statement after a Texas car accident?
A recorded statement in an insurance claim in Texas involves providing a formal account of what occurred leading up to, during, and after an accident. Insurance adjusters will record the statement either in person or over the phone while asking related questions. This statement then serves as an official record to help determine liability.
Do I have to give a recorded statement to the insurance company in Texas?
You do not have to provide another party’s insurer with a recorded statement in Texas. However, if you decide to provide a statement, it’s best to speak with an experienced Texas car accident attorney who could advise you on your statement or provide one on your behalf, which could protect you and your claim.
Can a recorded statement hurt my Texas car accident claim?
A recorded statement could compromise your car accident claim in Texas in several ways. For example, a statement could inadvertently make you appear liable for an accident, minimize the injuries you sustained, or otherwise convince insurers to undervalue or deny your claim.
