<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Jessie:
I gave a recorded statement to the insurance company of the man who hit me in my car accident. (He admitted fault)
I gave a recorded statement immediately after the accident and I gave one after my physical therapy was completed. I just stuck to the facts and I didnt give too many details that I thought might "hurt" me later.
Will a lawyer take my case?????
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My response:
An attorney may take your case; of course, subject to what you have previously said in your statement to the adjuster. The attorney will request, and obtain, the same from the insurance company.
The problem with accident victims giving their statement to an adjuster before representation is two-fold:
1. You might believe everything you said was "just the facts." But, how do you really know that? Without guidence, you may have stated "more facts" than were applicable or cogent to the claim. For example, did you give the adjuster your Social Security Number?
2. You are now subject to being impeached, should your statements come back at you at time of deposition (assuming, of course, that your claim moves into litigation). But, you never know "if" a claim will move into the litigation phase. For example, do you think that, eight months from now, you'll recall each and every nuance and "small fact" that you said in your statement?
Once your attorney reads the statement you gave, your attorney might just hand your file back to you. But, then again, you might get lucky and he/she will continue representing you.
"Bad Apple" - - An overachieving Claims Adjuster is one who attempts to take a recorded statement from you without making full disclosure.
Before you give a recorded statement to an adverse adjuster, ask why the statement is necessary. If the claims adjuster says that he just wants "to get the facts," Ask:
1. why the same facts cannot be gleaned from the police report or his own insured's statement or the witnesess' statements.
2. whether you can also statementize his insured (the other driver whom the claims adjuster is representing).
3. whether the statement you give, if you chose to give one, can and will be used against you in a courtroom.
4. whether the claims adjuster would have any objection to your having counsel present during your statement.
5. whether you can give a statement for purposes of assisting the claims adjuster's investigation but with a stipulation that it shall never be introduced in court against you.
6. whether the claims adjuster has any preliminary idea or indication of who was at fault in the accident.
7. whether the adjuster is attempting to build a case of "comparative fault" against you.
Claims Adjusters have a difficult job to do, and they frequently deal with dishonest and unreasonable people. However, I believe that all Claims Adjusters should advise all claimants that they have a right to remain silent, that they have a right to counsel, and that their recorded statements can and will be used against them!
If there is any possibility, however remote it may be, that the adjuster is gathering evidence to diminish or dilute your claim, you should be warned explicitly by the adjuster who is asking you to give your recorded statement.
By giving a statement, you've allowed the "opposition" two bites of the apple, and believe me, they will put you through it again at a deposition, if your case does not settle.
Good luck.
IAAL
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