It is likely that you received a friendly phone call from an insurance adjuster from the other side’s insurance company. It was also likely that in that phone call they request that you give a statement regarding the accident. Although they seem to be friendly, they have one main goal in mind: to minimize your claim.
An insurance company makes money on the insurance policies that they don’t pay out. If they pay more to you, that means less money for them. Therefore they reach out early after the accident and call those involved in the accident to try and obtain a statement and to try to minimize the claim value later.
Myth 1: You have to give a statement to the other insurance company before a lawsuit is filed.
You simply don’t have to give a statement to the other side’s insurance company. Period. Later down the line, after a lawsuit is filed, you may have to give your deposition during the lawsuit as well as testify in trial. However, this should be with the assistance of a lawyer.
Generally speaking, you should not give a statement to the other side’s insurance company without the assistance of an attorney. This is because insurance adjusters are skilled negotiators and ask questions specifically designed to minimize your claim as well as your credibility. They want to show that your injuries are not as serious as you say they are, and they want to show that you’re lying about your injuries, or at least exaggerating about them.
Myth 2: Insurance adjusters are friendly because they want the best for you.
Insurance adjusters are friendly because this could help them get more information out of you. However, their main objective is to show that you aren’t as hurt as you say you are, and that you cannot be trusted. This obviously comes down the line when a lawsuit is filed.
Therefore, they are very friendly on the phone when you talk about your injuries, and try and get more details about the accident as well as what you don’t know about the accident. Later on during the lawsuit, they can point back to the statement that you gave and focus on all the things you didn’t know or were exaggerating about.
Myth 3: A statement given to the other insurance company can’t come back and bite you.
A statement given to an insurance company may be used during the lawsuit if there is one filed. This means that regarding any statement that you gave to the other insurance company, if it contradicts with any other statement that you made throughout the case (which can last for years), they can be used to contradict each other later on and hurt your credibility.
Therefore, you should be extra careful if you decide to give a statement. You should be careful to be honest and not exaggerate your injuries.
This should answer your question of should you give a statement to the other insurance company after a car accident. If an insurance company from the other side is contacting you trying to get you to make a statement, there is no need to panic. You can call our law office at 844-9-INJURED for a free consultation. We are an experienced Los Angeles car accident law firm.