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Should I give a statement to the insurance company? September 24, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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If you were in a collision and the at fault driver had insurance I’m sure you’ve asked yourself this question.  That’s because one of the first questions out of the at fault insurance adjuster’s mouth is, “Can I record a statement?”

My standard answer to this questions is no.  Don’t give a statement.  If the at fault insurance company insists on a statement then wait until you hire a lawyer before giving a statement.  You hire a lawyer to stand by your side and serve as your advocate through the entire process.  Why give a statement before having that advocate by your side.  (Remember my April 21, 2008 post talking about Allstate’s Claim Manual saying that Allstate knows that victims with insurance settle for 2-3 times more than unrepresented victims). 

Remember, insurance companies are in the business of making money.  That is certainly not wrong or illigeal by any means.  But, what that means is they want to take in premiums and pay out as little as possible.  That’s just the basic economics of insurance.  So, insurance companies teach their insurance adjusters how to make sure they pay out as little as possible.  That starts right away after the collision with the recorded statement.  

This is especially important if liability it at issue.  The at fault insurance wants to pin as much fault on you as possible.  The facts are the facts but many times confusion, pain meds, frustration or other things get in the way of an injured person’s ability to clearly describe what happened.  

So, if you are involved in a collision I recommend talking with an attorney before you give that statement to the at fault insurance company.  I’m sure you’ll be glad you did.


Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West AllisCrivitzPlymouthand Germantown.