If you have suffered a traumatic brain injury (TBI) in Kansas or Missouri because of another party’s negligence, you may be wondering if you should give a recorded statement to the at-fault party’s insurance company. Insurance adjusters often reach out to TBI victims shortly after an accident, requesting a recorded statement. The adjuster might seem concerned and friendly, and may tell you that your statement will enable them to settle your case efficiently. Although this might seem like a standard part of the claims process, the reality is that giving a recorded statement without first consulting an attorney can hurt the outcome of your case.
Why Do Insurance Companies Ask for Recorded Statements?
Insurance adjusters request recorded statements to gather information they could potentially use to reduce or deny claims. Insurance companies are businesses, and like any other business, their main goal is to protect their profits. An adjuster is there to investigate your claim and ensure they pay out as little as possible.
Insurance adjusters may come off as concerned and even friendly. However, these professionals are trained to ask victims leading questions. These questions are meant to manipulate or trick you into giving information that can be misinterpreted and used to minimize or deny your claim, shift blame, or create inconsistencies in your story. For example, an adjuster may ask, “You did not see the car until the last minute, right?” Such a question is designed to suggest that you were not paying attention, even if you were.
You must be cautious when contacted by an insurance adjuster from the at-fault party’s insurance company. Providing a statement without legal advice poses many risks.
The Risks of Giving a Statement Without Legal Advice
Here are some of the dangers of providing the insurance company with a recorded statement before speaking to an attorney;
1. Your Words Can Be Twisted
When you give a recorded statement, your words will be scrutinized. Your responses can be twisted to devalue or deny your claim. For example, if you said, “I’m okay,” after being asked how you were feeling, even if you were simply being polite, that response may be used to argue your injuries are not as severe as you claim.
2. You Might Unintentionally Admit Fault
If, for example, you say “I’m sorry,” or make another seemingly innocent comment when recounting how the accident happened, your words can be taken as an admission of guilt. Kansas and Missouri are comparative negligence states. This means if you are partly to blame for your TBI, your compensation can be diminished. Because of this, insurance companies are highly focused on securing statements that shift the blame away from their insureds and reduce what they must pay.
3. Your Memory Problems Can Be Used Against You
TBIs often cause memory issues. The adjuster knows this and may ask for details you cannot remember. Gaps in your memories may later be presented as “inconsistencies” and used to challenge your credibility.
What To Do Instead
You are not obligated to give a recorded statement to an insurance adjuster. Instead of providing a statement, you should;
- Consult an experienced personal injury attorney
- Provide only basic details, such as your name, contact information, and the date of the accident.
Contact Us for Legal Guidance
If an adjuster calls you, call our experienced brain injury counsel at Griggs Injury Law first for a consultation.
