In a Texas auto accident case, you’re not required to give a recorded statement to the other driver’s insurance company. You may be required to provide a statement to your insurance company, but there’s no requirement that you give one to the other side. In fact, you should avoid making any statement at all to the other driver’s insurance representative without the advice of a lawyer.
Here’s why.
Insurance Companies Aren’t Your Friends
The other driver’s insurance representative may appear friendly and concerned, but in truth, their goal is to save money for their company. If they can deny a claim or limit a payout, it’s a win for them. So, it’s in their interest to lock you into a statement that weakens your claim and reduces their liability.
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They’re Looking For Inconsistencies
When you make a recorded statement, the insurance adjuster will compare it to your other statements, including those made to the police, medical personnel, or witnesses. They’ll pounce on even the most minor discrepancies to argue before a judge or jury that you lied to inflate your claim.
They May Ask Trick Questions
It’s common for insurance adjusters to ask misleading questions to try to trick you into an answer that’s helpful for their claim, or that hurts your case. They can even use a vague answer such as “I don’t know” or “maybe” to their advantage, particularly when it suggests your uncertainty of an important fact. Having a personal injury lawyer present at the questioning can help you to avoid falling into any traps.
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They May Try To Deny Your Injuries
Injuries from a car accident often become apparent in the days or weeks following the crash. The other driver’s insurance representative may urge you to make a statement within 24 hours of the crash, knowing that your injuries may not yet be fully manifested. They may even ask you something that seems innocuous, such as “How’re you doing today?” to trap you into saying, “Fine” or “Not bad.” They’ll then use these words or sentiments to suggest that you aren’t as injured as you claim.
Speak with an experienced Texas car crash attorney before making any statement to the other side’s insurance company. Your attorney will teach you how to give statements that avoid the traps set for you and protect your claim.
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