Should I Give a Recorded Statement to the Insurance Company After an Indiana Car Accident?

Soon after you have been involved in a car accident, you may be contacted by your insurance company or the other driver’s insurer to ask you to provide a recorded statement about the accident and your injuries. You may ask yourself, “Should I give a recorded statement to the insurance company?”

Ideally, you should not agree to provide a recorded statement to an insurance company after a car accident in Indiana. This is especially true if you have not consulted with a lawyer first. Instead, you should let your car accident attorney handle any communications with insurers on your behalf and provide them with the documents and information that the insurer needs to investigate and process your claim.

Am I Required to Give a Recorded Statement to Insurers?

Your obligation to provide a recorded statement after a car accident will depend on the insurer that asks you for it. If you are contacted by the other driver’s insurance company for a recorded statement, you have no obligation to comply. You should decline to provide a statement if asked.

However, your auto insurance policy may have a clause that obligates you to cooperate with your insurer in their investigation of your claim. This may include providing a statement if your insurer requests one.

If you refuse to cooperate with your insurer’s investigation, the insurer may deny you coverage under the terms of your policy. Regardless, even if you are contractually required to provide your insurance company with a recorded statement, you should ask your insurer to wait until you have had a chance to consult first with a car accident attorney.

Why Do Insurers Ask for Recorded Statements?

Insurers want recorded statements from the drivers and passengers involved in a car accident for several reasons. First, having statements from all the individuals involved in the crash may give the insurance company better insight into what happened and who may have caused it. But insurers sometimes ask for recorded statements because they hope a claimant may provide the information they can use to minimize or deny their claim. Specifically, they’re looking for comments like:

• An outright admission of fault for the accident.
• An implied admission of fault, such as, “I didn’t see the other car,” or even just a sympathetic apology for the accident.
• Inconsistencies with prior statements or claims that you have made.
• Anything that minimizes the severity of injuries, such as answering, “I’m fine,” in response to the question, “How are you doing?”
• Personal information, such as admitting pre-existing injuries or health conditions that might have caused you to become fatigued, drowsy, or distracted behind the wheel.

What Should I Say When Asked for a Recorded Statement?

If you are required or choose to give a recorded statement to the insurance company, remember these tips so you do not say anything that might jeopardize your rights:

• Do not admit fault or say anything that might be construed as an admission of fault.
• Provide direct, succinct answers to the adjuster’s questions. Do not offer any information not directly relevant to the question or keep talking just to fill a pause in the conversation.
• Do not guess. If you do not know the answer to a question, you can say so.
• Always ask for clarification if you think you may not have understood the question. Assuming you understood the questions might lead you to volunteer information you should not have.
• Ask the adjuster to refrain from making an audio or video recording of your conversation.

How Might an Insurance Adjuster Try to Catch Me Off Guard?

Adjusters are trained to ask claimants questions in such a way as to induce a claimant into saying something the insurer can use to deny or minimize their claim. Some of the tactics that adjusters may use to catch you off guard during a recorded statement include:

• Taking long pauses between questions, hoping that an uncomfortable silence will make you keep talking.

Asking you how you are doing at the beginning of the conversation. If you instinctively answer with, “I’m fine,” or, “I’m doing well,” the insurer may argue that you were not seriously injured in the accident.

• Asking you the same question or variations on the same question multiple times throughout the interview. If you give conflicting answers, the insurance company may find your claim not credible.
• Pushing you to agree to facts you believe might not be accurate or accusing you of not providing the whole truth.
• Taking a sympathetic, friendly tone with you to lull you into thinking that the adjuster wants to help you.

What Happens When Insurers Engage in Bad Faith?

Sometimes, insurers in Indiana stoop to bad-faith tactics when requesting a recorded statement from a car accident victim, including failing to pay a claim when there is no legitimate basis for denying liability. This may include misrepresenting policy language to convince a claimant that they must provide a statement or provide more information than they are required to by law.

Claimants can sue insurers that engage in these bad faith practices. If successful, a lawsuit can provide the claimant with the money they should have gotten under the terms of their policy and additional damages, depending on the circumstances.

What Duties Do I Owe My Own Insurer?

Your insurance policy may impose a contractual duty for you to cooperate with your insurer’s investigation of the accident. This duty may include providing documentation your insurer asks for and a statement about the accident. But there are ways to cooperate without putting your interests at risk. These options include consulting with a car accident attorney or providing a written statement rather than undergoing an interview with an adjuster.

How Can an Indiana Car Accident Lawyer Help Me?

When you work with an experienced Indiana car accident attorney at Truitt Law Offices, we can alleviate the stress that comes from dealing with insurance companies after a crash by taking steps such as:

• Handling all communications with the insurance company on your behalf so that adjusters contact your lawyer instead of you.
• Advising you of your potential obligations to provide a statement to the insurance company and whether you should agree to provide it.
• Preparing you for what to expect if you speak to an insurance adjuster.
• Negotiating with the insurance company for you to provide your statement in an easier format, such as in writing or by filing out a questionnaire, instead of providing an oral statement.

If you have more questions about giving a statement to the insurance company after being involved in a car accident, contact Truitt Law Offices today for a free, no-obligation consultation. We can help you to better understand your legal rights and go over what to expect while pursuing an insurance claim in Indiana.

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Do I Need an Attorney for My Indiana Car Accident Claim?

The legal aftermath of a car accident can be complex. Strictly speaking, you do not have to seek help from a personal injury attorney. Practically speaking, however, the odds of securing full and fair compensation for your injuries and losses from the at-fault party increase significantly if you do.

An attorney can help you by gathering evidence, investigating the law, negotiating with insurers, filing a lawsuit, arguing on your behalf in court, and helping you avoid pitfalls along the way. Further, our free initial consultations mean there is little downside to having one of our attorneys evaluate your case. Call Truitt Law Offices today to make sure you get started on the right foot down the road toward maximum compensation.

What Does a Personal Injury Attorney Do?

All attorneys are obligated to pursue and protect the best interests of their clients. In a personal injury case, this means helping clients secure the financial compensation they are entitled to for their injuries and losses, either at the negotiation table with the at-fault party or in court. It also means using their legal training and experience to avoid the many obstacles along the way.

• Make Sure You Know Your Rights and Options

Among the primary responsibilities of any lawyer is to make sure their clients are well informed about their legal rights and options. There is a reason lawyers are sometimes referred to as “legal counsel.” Ultimately, clients have the final say about things like accepting a settlement offer or taking their case to trial. However,  attorneys are responsible for making sure they can make an informed decision.

• Investigate the Law and Evidence in Your Case

Of course, your lawyer will use their legal training and experience to investigate the governing law, as well the terms of any controlling insurance policies. They will then gather evidence to build your case, including things like police accident reports, footage from the scene, witness statements, and medical treatment/billing records. All of this will be used to prove fault and the extent of your losses, which will then be used to calculate the amount of compensation you deserve.

• Negotiate an Insurance Settlement

Most personal injury cases never reach court. Instead, they are resolved in out-of-court settlement negotiations with the at-fault driver and their insurers. Of course, the other side wants to pay as little money as possible. Therefore, during settlement negotiations, they will try their hardest to minimize the extent and severity of your injuries. Your attorney’s job is to push back using the information gathered in step two.

• Prepare Your Case for Court

Though most cases never reach trial, some do. Going to court is a big decision. Because it can be costly and time-consuming, only cases with a good chance of securing a significant judgment will get this far.

Ultimately, each client makes the decision for themselves, but their attorney should make sure they have a good grasp of what is at stake. If you decide to go, your attorney will guide your case through the highly formal process and argue on your behalf before a judge and/or jury.

• Help You Avoid Making Easy Mistakes

The road toward compensation is full of challenges. Your attorney will be your closest ally and help you navigate the winding path. Among other things, they will help protect you against unscrupulous insurers.

Unlike your attorney, insurers will always put their bottom line before your best interests. Do not make the mistake of trusting them. If an adjuster calls before you secure representation, do not (1) admit fault, (2) provide a recorded statement, (3) sign a medical record release, or (4) accept their first settlement offer.

What Compensation is Available in a Personal Injury Lawsuit?

If you were injured in an auto accident at little to no fault of your own, you might be entitled to a wide range of compensation from the at-fault party. In most personal injury cases, compensation comes in the form of economic and non-economic damages, collectively known as compensatory damages. In rarer cases involving extremely irresponsible behavior from the at-fault party, you may also be entitled to punitive damages.

• Economic Damages

As the name suggests, economic damages are meant to compensate for losses that can be easily translated into dollars and cents. This form of damages is calculated by simply adding up things like medical bills, lost wages, repair estimates, and replacement costs. However, in the event your injuries leave you will permanent or long-term disabilities, things may get a bit trickier when calculating the value of your lowered earning capacity.

• Non-economic Damages

By contrast, non-economic damages are meant to compensate for intangible losses that do not boil down as easily to a fixed price tag due to their more subjective nature. This category includes things like pain, suffering, emotional distress, lowered quality of life, and loss of consortium.

Non-economic damages should not be underestimated, as they can significantly raise the total compensation you receive in your case. However, because each individual is likely to place a different value on these kinds of losses, it is very important to have a compassionate attorney who understands the true extent of your loss and who can compellingly communicate it to a jury.

Notably, though many states place a limit on the amount of non-economic damages injury victims may receive, Indiana generally does not. An exception exists when your case is brought against the state.

• Punitive Damages

Finally, punitive damages may be available in cases involving extremely irresponsible or otherwise reprehensible behavior. This form of damages is not awarded as compensation but rather as punishment for the at-fault party. Courts are normally reluctant to allow punitive damages due to their severe nature. When awarded, they are capped at three times the amount of your compensatory damages or at $50,000, whichever is higher.

When Should I Speak to a Personal Injury Attorney?

Personal injury cases are governed by a law known as the statute of limitations, which sets a deadline after which you may no longer file your case in court seeking compensation from the at-fault party. In Indiana, the deadline is set at two years after the date of the accident. There are several reasons missing this deadline can seriously compromise your case.

First, the longer you wait after an accident, the more time there is for evidence to deteriorate or disappear, as well as for witnesses’ memories to fade. Second, failure to file your case before the deadline passes nearly always results in your case being dismissed in court. Third, losing the ability to sue in court will simultaneously destroy your bargaining power when negotiating an out-of-court settlement with the at-fault party and their insurers.

The best way to avoid all three consequences is simply by having an experienced attorney review your case as soon as possible after your car accident. Our legal team is ready to evaluate and handle your case from start to finish. Call us today.

Speak to an Experienced Car Accident Lawyer

In closing, consulting with a personal injury attorney is not strictly required after being injured in an accident. That said, doing so will help ensure that you are well informed about your rights and avoid costly mistakes on the road to full and fair compensation for your injuries.

At Truitt Law Offices, we have over 40 years of experience representing car accident victims throughout Indiana. We have the skill and resources to help you too. Call us today for a free consultation with an experienced personal injury attorney near you. You pay nothing unless we win your case.

The post Do I Need an Attorney for My Indiana Car Accident Claim? appeared first on Truitt Law Offices.

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