If you do not buy into having a lawyer’s advice before giving a recorded statement, then you have no reason to read this blog. You can go back to watching television reruns of The Apprentice.

GIVING A STATEMENT WITHOUT LEGAL ADVICE FROM A DES MOINES LAWYER IS A GOOD WAY TO DESTROY YOUR CLAIM

We covered when you have to give and when you do not have to provide a recorded statement in another blog and today we are covering the timing of providing a statement. “When don’t you have to give a recorded statement?

Today’s blog about providing a statement, concerns the other driver’s insurance adjuster asking you for a recorded statement. It is somewhat different than providing a statement to your own insurance company. Let us list some very misconceptions about the recorded statement.

“Talk sense to a fool and he calls you foolish.” ― EuripidesThe Bacchae

TEN MISCONCEPTIONS OF WHY PROVIDING IT “RIGHT NOW IS A GOOD IDEA”

  1. It is not true, you absolutely have to provide the opposing insurance adjuster with a recorded statement.
  2. It is not true, you have to give one the minute they call.
  3. It is not true, if you refuse to give a recorded statement, you must be lying or have something to hide.
  4. It is not true, you cannot delay providing a statement, written or oral, until a later time.
  5. It is not true, saying you want to obtain legal representation means you must be guilty of something.
  6. It is not true, obtaining legal representation means you must have something to hide.  
  7. It is not true, if you provide the opposing adjuster with a recorded statement he will pay what you want.
  8. It is not true, giving a recorded statement is a good opportunity to prove you are deserving of compensation.
  9. It is not true, if you provide a recorded statement, the adjuster will see you aren’t one of those sue-happy people.
  10. It is not true, you cannot provide a written statement.

“Every man is a damn fool for at least five minutes every day; wisdom consists in not exceeding the limit.” ― Elbert HubbardThe Roycroft Dictionary Concocted by Ali Baba and the Bunch on Rainy Days

FOOLS DO FOOLISH THINGS

What I hear a lot of from potential clients is they thought, they were smarter than the adjuster and could persuade him to pay and pay now. The message is that as an opponent, the injured person’s intellect makes them a formidable opponent. Adjusters love taking statements from people like this, because most laypeople never know what they are talking about. The Internet is no substitute for three years of law school, studying for the bar exam and then spending years practicing law and learning from mistakes and especially those of our clients.

NONE OF THOSE TEN STATEMENTS ARE TRUE

None of what I listed above is true. It is all false. It is all garbage. Here is why.

No one can demand you immediately provide a statement. There are no rules saying you cannot first secure the advice of an attorney before providing the facts of your claim. There is no requirement of providing a recorded statement to the opposing insurance adjuster. You are not presumed to be hiding anything by either delaying or refusing the invitation to immediately provide a recorded statement. No fact finder will even know you refused or delayed providing the opposing adjuster with a statement. Anyone with a serious personal injury is foolish to immediately provide a recorded statement to the opposing adjuster. Even if you are as smart as every Des Moines attorney, a lawyer representing themselves has a fool for a client. And the same applies to you. No adjuster in the history of insurance in Des Moines every thought a person seeking money from his insurance company was deserving and certainly not for everything they asked to be compensated. There are no sue-happy people in Iowa. There are only injured people who want fair compensation. The sue-happy people are a fiction of insurance marketing departments propaganda campaigns.

And ask yourself what insurance executives do when they have a claim? Do they handle it themselvers or seek legal advice? It is not that hard to figure out. But overthinking it can make it so.

HERE IS WHAT TO SAY WHEN THE ADJUSTER CALLS

Tell him or her you will get back with them, but right now is not a good time. I don’t care if you tell them you have to use the bathroom, just don’t talk or agree. Then call us.

Call us early, call today. It costs nothing to speak with us. We use contingent fee agreements and advance all litigation expense. Our initial consultation is free. Call today, call now.

Contact the Lombardi Law Firm  http://www.lombardilaw.com/contact.cfm

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