Summary: If you were injured in an accident, it is generally a good idea to speak with a personal injury lawyer before giving a recorded statement to the other party’s insurance company. What you say can affect your claim, while statements the insured gives to their own insurance company may be protected from disclosure.
Personal injury lawyers often hear from potential clients who have already given a recorded statement to the at-fault party’s insurance company. It may seem like cooperating fully with the insurer is the easiest way to resolve a claim without litigation, but giving a statement before understanding your rights can put you at a disadvantage.
Here’s why talking to a personal injury attorney first can help protect your claim.
Why Should You Talk to a Lawyer Before Speaking With the Insurance Company?
The insurance company is investigating the claim and protecting the interests of its insured. Before giving the insurer information about the accident, your injuries, or your recovery, it helps to understand how your statements could be used.
Insurance companies often seek statements soon after an accident, when the people involved may still be shaken up, injured, or unsure exactly what happened.
An attorney can help you understand what information you are required to provide, what questions you may be asked, and how to give an accurate account without guessing or unintentionally creating problems for your claim.
What Is the Insurer–Insured Privilege?
Missouri law may protect certain communications between an insurance company and its insured when those communications are made in anticipation of litigation.
When an insurance company may be responsible for paying an injury claim, it will typically investigate the accident and obtain information from its insured — the person accused of causing the injury.
Missouri courts have recognized that certain communications between an insurer and its insured can be protected from disclosure when they are made in anticipation of litigation.
That can create an important imbalance: the insurance company may ask you for your version of events while you have no right to know what its insured has already said.
Why Does Communication Between the Insured and Insurer Matter?
After an accident, the insurance company may have access to information from both sides while the injured person has access only to their own information.
The insurer and its insured may communicate shortly after the accident, when memories are fresh and before anyone else hears the insured’s account.
If those communications are privileged, the injured person may not learn what the insured said during that initial conversation.
That is one reason to be cautious about voluntarily providing the other party’s insurer with additional information before understanding your legal position.
How Can Speaking With the Insurance Company Hurt Your Case?
A recorded statement can give the insurance company information it may later use to dispute fault, the seriousness of your injuries, or other aspects of your claim.
Think of it like a poker game. Players generally do not reveal their cards because doing so gives the other side information they can use to anticipate the next move.
A personal injury claim can create a similar information imbalance. If you give the insurance company a recorded statement, it knows your account of the accident while you may not know what its insured has said.
For example, suppose you are injured in a car accident and the other driver refuses to give a statement to police. When you later make a claim, that driver’s insurance company asks to record your statement.
You may not learn the other driver’s version of events until a lawsuit is filed and their deposition is taken months later. Even then, you may not know exactly what they originally told their insurer.
Before agreeing to a recorded statement, read our 5 Things to Remember When Asked to Give a Statement.
What Should You Do If an Insurance Company Calls After an Accident?
You do not have to answer every question immediately. Take time to understand who is calling, why they want a statement, and whether you should speak with an attorney first.
After an accident, your immediate priorities are often your health, your family, and dealing with the disruption the accident has caused. You may not yet know the extent of your injuries or have had time to fully process what happened.
Before giving a statement:
- Take time to collect your thoughts
- Gather photos or videos from the scene
- Obtain the police or crash report
- Keep records of your medical treatment
- Consider speaking with a personal injury attorney
An attorney can review the circumstances of the accident and available evidence before determining the best way to proceed.
Here are 5 Things to Remember When Dealing With an Insurance Company.
How Can a Personal Injury Lawyer Help Before You Speak With Insurance?
A personal injury attorney can investigate the accident, review available evidence, and help you understand how to handle communications with the insurance company.
An attorney may review:
- Photos and videos from the accident scene
- Police or crash reports
- Witness information
- Medical records and treatment
- Available insurance coverage
- Other evidence related to fault and damages
At MRH Injury Law, we dig deeper because we care what happens to you. By understanding the full picture before dealing with the insurance company, we can help protect your claim and determine the appropriate next steps.
When Should You Call a Personal Injury Lawyer?
Consider speaking with an attorney before giving a statement if:
- The other party’s insurance company asks for a recorded statement
- You suffered significant injuries
- Fault for the accident is disputed
- The insurer is asking detailed questions about your injuries or medical history
- You are unsure what information you are required to provide
- The insurance company is pressuring you to settle quickly
Getting legal guidance early can help you understand your rights before making decisions that could affect your claim.
Talk to a Kansas City Personal Injury Lawyer Before Giving a Statement
If you’ve been injured and an insurance company is asking questions about the accident, you do not have to navigate the process alone. At Meyerkord, Russell & Hergott, we dig deeper, prepare every case for trial, and take care of our clients throughout the process.
Contact our Kansas City personal injury lawyers for a free consultation before giving a recorded statement or making decisions that could affect your claim.