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Lombardi Law Firm

Insurance Practices: The injured person's recorded statement

Steve Lombardi
Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death

Blog Category:
9/22/2017
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Which insurance adjuster is calling and why?WHY IS THE ADJUSTER CALLING, AGAIN?

Question: Is it wise to talk to the insurance company who is repeatedly calling me? 

Question Detail: My right foot slipped on a laminated restaurant menu that was on the floor. I did not fall, but I hurt my right knee and lower back. Like any middle aged person, I have suffered with pain, off and on, for years. I submitted an accident report to the business. I have taken no further action. Just curious as to why their insurance company is calling me.

WHICH INSURANCE ADJUSTER IS CALLING AND WHY?

Answer: You haven't provided information about why they are calling you and how this insurance adjuster relates to your claim. For instance, is this your own homeowner's insurance or your health insurance company or an adjuster representing the restaurant's insurance company. With those limitations let me see if it is possible to provide you with some direction.

Many lawyers, including myself, have written about recorded statements with insurance adjusters. See my own list of blog posts below. If you check our websites you can find blogs written about the do's and the don'ts of claim's practices. There can be many problems with the recorded statements we read after we are hired.

"Stop talking, stop talking and then stop talking. When giving a recorded statement you are not required to fill space with the sound of your voice. Answer the questions and then be done with it. And prepare. Review the facts, know what you intend to say about how the accident happened and your theory of why the property owner or possessor is at fault." Attorney Steve Lombardi

HOW DO I AVOID MAKING ERRORS WITH MY RECORDED STATEMENT?

The basic problems with clients giving recorded statements before speaking with an attorney include five main issues.

  1. A lack of adequate preparation.
  2. Being unfamiliar with the facts.
  3. Rushing to get it over with.
  4. Not understanding the importance of giving a recorded statement.
  5. Not understanding  the law and how it affects recovery.

JUST THE FACTS, STAY ON POINT

You have suffered an injury and it may be a lot more serious than you first believe. You should assume your condition will get worse. It may not but what if it does and the statement you gave implied this was no big deal. We have clients with similar types of accidents who end up needing knee and hip replacements. Some people also develop problems with the opposite knee or hip because they try and protect the injured extremity at the expense of the good one. And then others develop low back problems after experiencing a change of gait. A change of gait is how you walk.

Insurance Practice: A recorded statement requires preparation beforehand; not a cavalier attitude about what you say.  Attorney Lombardi discusses the five basic problems when clients have given the insurance adjuster a recorded statement, but have not taken the time to adequately prepare.

The importance of being adequately prepared for the recorded statement can’t be stressed enough. What I would suggest is you see an attorney who practices personal injury before you give a recorded statement. Allow the attorney to review the facts, the law and to prepare you to give an accurate statement of what happened and why.

ARTICLES ABOUT THE INSURANCE RECORDED STATEMENT

Claim Centers



Category: Drunk Driving Accidents


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