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Interviewer: Let’s say the other party’s insurance adjustor is calling me about my motorcycle accident and asking to take a statement. Should I ignore them? Should I give them a statement or do something else? What should I do?

You Should Avoid Talking To Other Party’s Insurance Company And Not Give Any Statement That Might Incriminate Your Claim

Harry Williams: If it’s the at-fault driver’s insurance company that’s calling and wanting a recorded statement, I usually always advise the client not to give a recorded statement because there’s usually nothing that can be said in that conversation that will benefit the injured person. The reason that the insurance company for the at-fault driver wants a recorded statement is so that if the injured person says something that is harmful to his case, then that insurance adjustor wants what he says in a recording, so that he can use it against the injured person at a later time. Any time the insurance company for the at-fault driver wants a recorded statement, my recommendation is usually, “Absolutely not.” It does not benefit my client or the injured person one bit. It can only benefit the at-fault insurance company.

You Must Cooperate With Your Own Insurance Company And Give A Recorded Statement

Now, if the injured person’s own insurance company is calling, wanting a recorded statement, then my recommendation is always yes. You need to give your own insurance company a recorded statement because the policy of insurance requires that the person that was injured cooperate with his own insurance company if he expects that insurance company to pay for the damage to his vehicle or to pay for some of the medical bills.

The injured person is required to cooperate with his own company, so therefore, if that company wants a recorded statement, that person should give a recorded statement. The only qualification to that is if I represent the injured person, I want to be there when the recorded statement is given. It’s either when the adjustor comes to interview the injured person I want to be there, or usually the recorded statement is by telephone, so we schedule the recorded interview with the injured person’s own insurance company to occur over the telephone and we schedule the injured person to come to my office. Then we both get on speakerphone, and then I allow it to be recorded, as long as it’s his insurance company.

It Is Recommended That You Have Your Attorney Present At The Time When You Are Giving Recorded Statement To Your Own Insurance Company

I want to be there. I want to prepare him for the call ahead of time. I’m going to review the police report. I’m going to review the facts. I’m going to tell him what to expect. I want to prepare him for even that call, even though it’s his own insurance company. Then, if there’s an inappropriate question that’s asked, I’m sitting there and I can tell the person who’s doing the interviewing or the recording that my client’s not going to answer that question because it’s not relevant. We rarely, if ever, record a call from the at-fault insurance company, and we usually always allow recorded calls with the injured person’s own insurance company, as long as I’m there and can monitor the call.