Should you speak to the insurance company?

Giving a recorded statement to the defendants insurer can harm your personal injury claim for several reasons.

One thing above all else that you must understand about insurance companies is that they are in business to make money. It is the job of the insurance adjuster to make sure that happens. So, no matter how friendly an adjuster may seem to you, remember the adjuster is on the lookout for information that he can use to impeach your credibility and pay you less money for your claim.

When the adjuster takes your statement, he will be prepared, he will have reviewed any police reports, witness statements and photos, he will have a plan, and he will be experienced in taking recorded statements.

In addition, the adjuster will probably attempt to take your statement within a few days of the accident and before you hire an attorney.

On the other hand, it is not likely you will be prepared when the adjuster takes your statement. You may be in severe pain, on pain medication, you probably will not have reviewed any documents, reports or photos, and you will not have carefully considered the circumstances of the accident.

Once your statement is taken, the insurer will have a permanent record that it will use to compare to any of your subsequent statements, other witness statements, and, if there are any inconsistencies, to impeach your credibility. Some of your subsequent statements may include statements to your doctor, police reports, interrogatories, and deposition and trial testimony.

At the very least, you should speak to an experienced personal injury attorney before giving such a statement.