Question: After a Car Accident, Should I Provide the Insurance Company a Recorded Statement?
After an auto accident, it is standard procedure for the auto insurance company of the person at fault to request a recorded statement of the description of the accident. Shortly after the crash, you will be contacted by the car insurance adjuster, who will tell you that you must submit a recorded statement, as well as a medical release, used to collect your medical records. If you think this is supposed to be helpful, think again.
Georgia Law and Recorded Statements After an Accident
In the state of Georgia there is absolutely no legal requirement obligating the parties involved in an auto accident to submit a recorded statement. It is the hope of the insurance adjuster that you will give a statement which can be used to defend against your claim of personal injury.
The insurance company will send you a letter which will give you an introduction and then threaten to close your case if you fail to comply with their demands. The fact is, you can shred this letter and disregard every word of it. The only thing that really matters is that you pursue your personal injury claim before the Statute of Limitations runs out, a time limit of two years. These dastardly tactics are the work of the insurance company protecting their own interests. Don’t be fooled into thinking that they care about you.
A Trick up the Adjuster’s Sleeve
Adjusters are trained to manipulate you into giving up information that can be used against your claim. They do this by asking open ended questions, working to get you to admit that you failed to avoid the accident, even if there was no way to do so. They will try to get you to say how fast you were going, how far from the other party you were before the crash, or what you may or may not have seen. With this sort of testimony in hand, the insurance company can use your words against you to remove the fault from the other driver, when it really counts.
Medical Requests and Insurance Companies
So, the statement might be out of the question, but what about the medical release? Well, once again, you are in no way obligated by law to submit a request for your medical records. Insurance companies aren’t interested in your wellbeing. They care about protecting their own interests and they will do anything they can to support their defense against your injury claim. They can use your medical history to make claims that you were already suffering from pre-existing conditions prior to the accident.
That’s not the end of the story, though. While these insurance adjusters collect every bit of information they can, they will refuse to provide you with any of the information that they have collected.
In short: giving the adjuster your medical records can only be used against you. When it comes to these sorts of threating statements, just ignore them. They have no legal right to demand your statement or your medical records. So, hire an Atlanta Personal Injury Attorney with the experience and knowledge necessary to deal with the insurance companies and their corporate interests before they have a chance to collect any information.
If you or a loved one have been injured or have lost a loved one in a wrongful death, get a free, no-obligation case evaluation from one of our personal injury lawyers by filling out our “Contact Us” form in the menu bar above or call us at (770) 887-3162 today.