After you have been in an automobile accident you may have an Insurance adjuster who works for the Insurance company of the other driver involved in the accident call your phone. This adjuster will ask you if they can take a recorded statement to provide personal information and details about the accident you were involved in. The adjuster usually seems friendly and claims they are calling to help you. It is important that you remember that the adjuster of someone else’s Insurance company does not work for you. The #1 goal for an Insurance adjuster is to reduce the amount paid out in claims, and this includes your potential claim.
In order for Insurance company’s to limit claims paid, they must deny many of these claims made. In order to deny these claims, Insurance adjuster’s may use your recorded or oral statements against you. You are in no way obligated to give a statement to an Insurance adjuster of the other driver.
As a general rule, you should not give a recorded or oral statement concerning an automobile accident to anyone without the advice of an attorney.
However, you may have a duty to cooperate with your own insurance company. Often, it is standard to have a contractual provision in your insurance policy which requires you to give a statement to your own carrier upon request. If you are asked to give a statement of the accident to your own carrier, ask the adjuster to point out the specific language in the contract that requires you to do so. Even though your insurance policy may contractually obligate you to give a statement, you should always consult the advice of an Attorney before doing so. Insurance company’s (even your own) are looking out for their best interest first.