Should I Give A Statement To The Other Driver’s Insurance Company?
After an automobile collision, you will be asked by the other party’s insurance company to give a recorded statement to them about how the accident occurred. The question may seem innocuous and innocent enough, “Can we just ask you a few questions about what happened and record it?” but the answer to the opposing insurance company should always be a no. A short two-minute statement given to the insurance company in the hours after an accident could end up being the main exhibit for the defense in a trial three years down the line. Insurance adjusters for the other side are working for the benefit of their driver in order to save the insurance carrier money, and are trying to find any reason to justify denying liability and/or injuries to you. In the best-case scenario, if there is nothing hurtful in your statement, it will get disregarded. In the worst case scenario, they will use it to deny any benefits to you and make your life miserable. There is no law in the State of California that will require you to give a statement to the other driver’s insurance company, and you should decline to do so if asked.
Should I Give a Statement to My Own Insurance Company?
Your own insurance company will typically ask you how the accident occurred, but not ask for a recorded statement. If they do ask for a recorded statement, you may be required to do so under the cooperation clause of your insurance company contract. If you decline to give a statement to your own insurance company, based on the policy language, they may be able to deny any and all coverage to you for this accident. However, it is rare for an insurance company to ask for a statement from their own insured, especially on cases where liability should be clear. If your insurance company is asking you for an examination under oath, you must cooperate or coverage will in all likelihood be denied if you do not partake.
Outside of giving recorded statements, there are many risks in speaking to insurance companies directly without legal representation. Both insurance companies, including your own, are trying to protect their profits and corporate shareholders. Before you give a recorded statement to your own insurance company or sit down for an examination under oath, it is best to seek a legal consultation and guidance. The personal injury trial lawyers at MR Parker Law are available 24/7 to help you out with any questions. Our office is located in West Hills, near the border with Woodland Hills and Canoga Park. We practice throughout the entire State of California.
