The days after an accident are usually a blur. Victims usually feel intense pain, which can make sleep difficult if not impossible. Meanwhile, many accident victims spend days going from doctor to doctor, trying to accurately diagnose their injuries and receive treatment. This is an enormously stressful time. Many spouses must immediately stop working to shuttle their spouse around from hospital to hospital, and everyone’s nerves are frayed.
Unfortunately, insurance companies often think this is the best time to call you up at home and ask if they can talk about your accident. It’s no coincidence that they are calling when you aren’t feeling your best and possibly not even thinking straight. In this article, ourBurlington, VT personal injury lawyers explain why you should decline to give a recorded statement. Call us instead.
What Questions Will a Claims Adjuster Ask?
The adjuster is going to want to hear your perspective on what happened. They also want to know more about your injuries and how you are recovering. Some questions can include:
- What happened right before the accident?
- Tell me what happened?
- How are you feeling?
- Where do you feel pain?
- Who else witnessed the accident?
- Are you receiving treatment?
- Were you talking on the phone?
- Did you say anything after the accident?
Why You Shouldn’t Talk to Them
These questions might seem harmless. And, after all, it’s good to get your side of the story out there. If you were involved in a car wreck, you probably fear the other driver is blaming you for the accident. Most people tell self-serving stories.
But there’s a real risk with giving recorded statements. To understand the risk, you need to understand Vermont’s comparative negligence laws.
12 VSA § 1036 states that your contributory negligence won’t prevent you from receiving compensation, provided it’s “not greater” than the negligence of the defendants. In other words, you can seek compensation so long as you aren’t over 50% to blame for the accident.
If you are more at fault, then you are prohibited from seeking any financial compensation at all. That means you get $0, even if you are struggling with painful, disabling injuries. That’s a tough pill to swallow.
Even those who are 50% or less at fault will see their compensation reduced proportionally. That means if you are 25% at fault, you will receive 25% less in compensation. If you’re 50% to blame? You’ll receive only half.
Unsurprisingly, claims adjusters can help their employer if they can get you to admit to being negligent and contributing to your accident. They will reduce the amount of the claim. Or, they might even completely defeat the claim if they can show you bear most of the blame.
How Recorded Statements Go Awry
Many accident victims give a recorded statement trying to be helpful. They might not even realize the insurance adjuster is trying to get them to trip up and say something they shouldn’t.
Many victims are still feeling pain or the effects of pain medication. It’s not the best time to piece together what happened. You might easily say something which, on further reflection, you don’t mean.
Some claims adjuster tactics include:
- Make statements and wait for you to correct them. Examples include, “So you’re feeling better” or “You were probably in a hurry that day.” If you don’t correct them, then they might claim you agree with them. They’ll use the statements to support the idea you were careless or not really hurt at all.
- Put words in your mouth. You might have been surprised to see a driver plunge into an intersection, even though their light was red. The insurance adjuster could say, “So you weren’t paying attention as you entered the intersection.” If you don’t correct them, they’ll think you agree with their interpretation of events.
- Encourage you to not hire a lawyer. This sometimes happens, too. The claims adjuster might tell you that a lawyer is an unnecessary expense and that they’ll treat you fairly.
- Minimize your pain. They will try to get you to describe all the things you have been doing since the accident, which they then use to argue your injuries aren’t serious.
You might be shocked to see harmless statements introduced later in a lawsuit to support the argument you were negligent.
What Should You Do Instead?
Rather than give a recorded statement, you should hire a Burlington, VT personal injury lawyer to represent you. We can act as a gatekeeper and keep insurance adjusters from annoying you. Once hired, we will inform them not to contact you in any way. Instead, they should go through us if they need any evidence. We can give them whatever information they need.
Of course, there might come a time to answer their questions and give your version of events. Depositions are common in personal injury cases. You answer questions under oath, which are recorded. But we can sit beside you in a deposition and clear up any confusing questions or any answer that isn’t 100% what you mean to say. We will also make sure the other side doesn’t ask sneaky questions which confuse you. There is no reason to answer any questions over the phone.
If you don’t yet have a lawyer, hang up anyway and then call us. We can immediately begin building a case for compensation.
Contact Our Burlington, VT Personal Injury Lawyer
At Larson & Gallivan, we can represent you as part of our thriving personal injury practice. We have decades of experience in car wrecks, truck accidents, slip and falls, and other accidents. We know how to win these cases.
Regardless of how you were hurt, you should call our firm to review what happened and the legal options at your fingertips. We will happily seek financial compensation on your behalf if hired, and we aren’t afraid to litigate in court.
Give us a call today to schedule a free consultation with our firm. You have nothing to lose.
