Recorded statements are a well-known tactic insurance companies use to try to gain evidence against the accident victim or claimant. Whether or not you are legally required to give a recorded statement depends on which insurance company is asking: yours or someone else’s. Either way, it is wise to prepare first.
What Is a Recorded Statement?
Soon after an accident is reported to an insurance company in New Mexico, the carrier will contact those involved and ask for recorded statements. These are statements made over the phone about an accident and the victim’s injuries that the insurance company will record. Insurance companies say that they wish to record statements to gather the facts about a case, but they have ulterior motives.
How Can the Recorded Statement Hurt My Claim?
A recorded statement can be a tool for using the claimant’s own words against him or her. If you go on record saying that you didn’t get injured in a car accident in Albuquerque, for example, but then you discover an injury with delayed symptoms later, the insurance company could use your initial statement to deny your claim.
Insurance companies often ask for the recorded statement early on – sometimes the same day as the accident. This is intentional, as the claimant will not yet have a lot of information about what happened. They may not have received medical attention or an injury diagnosis at the time the statement is requested, and later insurers may challenge the severity of your injuries based on those early remarks.
Later, the insurance company will point out inconsistencies between the recorded statement and other statements the claimant makes to police officers or during a deposition. These inconsistencies can be used to paint the person as an unreliable witness in order to deny the claim or reduce the payout.
When Am I Legally Required to Give a Recorded Statement?
It is important to distinguish between your own insurance provider contacting you about a claim and someone else’s insurance carrier. If your own insurer requests a recorded statement, the terms of your policy likely require you to comply. Before going on the record, however, you should prepare so that you can protect yourself:
- Get as much information about the accident and your injuries as possible.
- Receive professional medical care and keep copies of your medical records.
- Obtain a copy of your police accident report.
- Read over your policy to confirm that it requires a recorded statement.
- Consult with a personal injury attorney for advice before saying anything on the record.
- If you do give a statement, keep it short and factual. Don’t speculate about fault.
If someone else’s insurance company is contacting you, such as the other driver’s insurer after an auto accident, you are not legally required to give them a recorded statement. Even if the insurance provider says they need one to process your claim, politely decline. You can still provide basic information about the accident without being recorded.
How Should I Respond to the Insurance Company’s Request?
If someone else’s insurance company is asking you for a recorded statement, their goal is likely to get you to say something that allows them to blame you for the accident (even partial blame could reduce your payout under New Mexico’s pure comparative negligence law) or minimize your injuries.
In most cases, it is better to decline the recorded statement and contact an attorney to take over insurance adjuster communications for you. An attorney can help you draft and submit a written statement that protects your rights and does not unintentionally undermine your claim. Unlike an insurance company, you can count on an attorney to be on your side.