Should I Provide a Recorded Statement After a Utah Truck Accident?
Insurance companies usually ask injured claimants for a recorded statement after a truck accident. But should you agree? At Swenson & Shelley, we advise clients never to give a recorded statement without consulting a lawyer first.
Why? Because insurance adjusters are trained to ask questions to get the answers they want. They’ll use your words to try to claim you’re not hurt or not as hurt as you claim to be. They may also use your statement to pin some or all of the fault for the accident on you.
Our truck accident lawyers can help you deal with the insurance companies after a crash, protecting your rights and vigorously pursuing maximum compensation for your injuries. We can handle all communications with adjusters so you don’t have to. If you need to provide a statement or testify later, our firm can prepare you so you know what to expect and there are no surprises.
Did representatives from the insurance company contact you already? Reach out to Swenson & Shelley immediately. Call or contact us now for a free case review.
What is a Recorded Statement?
After motor vehicle accidents, insurance companies often ask drivers to provide a recorded oral or written statement about the incident. The statement usually covers the driver’s recollection of the accident and touches on the injuries and property damage the driver suffered. Insurance adjusters may also ask other questions, such as the driver’s opinion on who caused the accident, their medical history, and what they had been doing earlier in the day.
Should I Give a Recorded Statement to the Insurance Company?
You should never agree to give a recorded statement to an insurance company without consulting with a truck accident attorney first. Insurance adjusters have significant training and experience in asking questions to get accident victims to say things that might be construed as contradicting their official claim.
Even if your insurer asks for a statement, it’s important to remember that an insurance company will always look out for its own interests first. Insurers often want recorded statements from truck accident victims so they can use portions of the statement, either in or out of context, as proof that the victim bears some or all of the responsibility for the crash or is not as severely injured as they claim. If that strategy succeeds, the insurer may get away with making a smaller payout — or even no payout at all.
What to Do (and What to Avoid) After a Truck Accident
You should retain legal counsel as soon as possible after a truck accident. Then, you can simply refer the insurance adjuster to your lawyer if they call. Your attorney can provide the insurance company with the information they need to process your claim while looking out for your best interests.
Here are some important tips to keep in mind if you do communicate with an insurance adjuster:
- Never become rude or angry. Use a polite tone while remaining conscious of the tactics the adjuster may use against you. Decline to provide a statement and refer them to your truck accident attorney.
- Never say anything that might be taken as an admission of fault. This includes making statements such as, “I’m sorry” or “I didn’t see the truck.” Even if you think you bear some fault for the truck accident, you may not yet have all the evidence and information to make that judgment call.
- Avoid saying you are “fine” or “OK.” The insurance company might take that as a sign that you aren’t hurt or have fully recovered from your injuries.
- Keep your statements short and to the point. Make brief statements if you need to provide basic information to the insurance company. Focus on the facts and do not speculate. “I don’t know” is a perfectly acceptable answer.
What Should I Do if my Insurance Company Calls Me?
If your insurance company contacts you after a truck accident, you may have an obligation under the terms of your insurance policy to cooperate with your insurer’s investigation of the crash. However, this does not necessarily include providing a recorded statement.
You should provide your insurer with basic information about the accident, including where and when it occurred, whether law enforcement responded to the scene, and the employer and insurance information of the truck driver. If you have already retained a truck accident attorney, you can ask your insurance company to direct any further communications to your lawyer.
You Don’t Have Unlimited Time to File a Truck Accident Claim
In Utah, you have a limited time to file a truck accident claim for compensation. The state’s statute of limitations gives you four years from the date of the accident to file a claim. Missing the deadline could lead the court to dismiss your claim as untimely, and you will lose your right to compensation.
However, there are some exceptions to Utah’s truck accident statute of limitations. For example, you may have only one or two years to file an injury claim against a local or state agency. For this reason, you shouldn’t wait to speak to a truck accident lawyer about your case.
Call an Experienced Truck Accident Attorney Now
You do not have to face off against the trucking company or its insurer on your own. Let a truck accident attorney from Swenson & Shelley fight for maximum compensation for you.
Everything starts with a free consultation. You’ll speak with an experienced truck accident attorney, who will listen to your story and discuss your legal options with no obligation. Call or contact us today.
In this video, our experienced Utah injury lawyer discusses why you should never give a truck accident recorded statement to an insurance company.
Out of Town Legal Resources:
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