If you’ve ever sustained a personal injury or been injured on the job, you’ll likely reach a point where you’ll have to deal with an opposing insurance company at some point. They may also ask you to make statements about your situation. This may seem like a reasonable request, but it’s something we advise against for the reasons discussed below.
Official Statements Can Affect Your Claim
Even seemingly innocent questions about your personal or work-related injury from an opposing insurance company may affect your claim in a way that’s not favorable to you. For instance, you could be asked strategically worded questions that could later be used against you. In fact, any statement you make to an insurance company that represents another party could negatively impact your claim in some way.
Symptoms May Not Be Immediately Evident
When you’re in an accident, whether it occurs at work or not, it’s not unusual for symptoms to develop days or weeks later. It’s also not out of the ordinary for the opposing insurance company to contact you within the first 24-hours after a claim is filed. This is often done to rush a settlement. And if they have a statement on file saying your symptoms aren’t that bad, the insurance company may question future claims of delayed symptoms or medical issues.
Insurance Companies Often Compare Other Statements
If you provide a statement to the opposing insurance company, they’ll likely compare it with other statements you’ve made. This could include statements you made to the police, or ones you made directly to your employer if you sustained injuries at work. Even if there are unintentional inconsistencies – not many people can perfectly recount details of the same incident flawlessly each time – the opposing insurance company can use instances like this to hurt your case or reduce any payouts towards your claim.
Recorded Statements Could Be Used in Court
Statements requested by an opposing insurance company can be written or recorded. If you get a phone call, any statement you make will likely be recorded with your consent. Even if you think this is fine, you could be affected by medications you are taking for your injuries or in other ways by the accident. If there are any discrepancies or inconsistencies discovered, the insurance company may use your recorded statements in court if a fair and mutually acceptable settlement cannot be reached.
What an Attorney Can Do for You
The first step a personal injury or workers compensation attorney can take is to assess your situation and recommend how to proceed legally. A lawyer can also field inquires from an opposing insurance company to determine what kind of response is appropriate. By having an experienced attorney respond to statement requests, you’ll reduce your risk of having what you say or sign used against you when it’s time to negotiate, reach a settlement, or have matters resolved in court.
