Has the insurance adjuster asked for your recorded statement after your slip and fall accident? Learn why agreeing to this may hurt your claim for compensation.

Should I give a recorded statement to the insurance adjuster in my slip and fall case?

 

A:

You may be lulled into a false sense of security if you receive a call from an insurance adjuster soon after your slip and fall accident. You may even be contacted by him before you leave the hospital or in the first days after you return home to recover from your injuries. He may make a number of requests as part of his investigation of your claim. One that should immediately raise red flags is a request to give a recorded statement.

Reasons Not to Agree to Give a Recorded Statement

A recorded statement is a question and answer session between you and the insurance adjuster that is tape-recorded and then transcribed into a written document. When you did nothing wrong to cause your slip and fall accident, you may genuinely feel like you have nothing to hide and can see no reason not to give a recorded statement. However, giving a recorded statement is rarely a good idea and could actually weaken your claim. Here is why you do not want to agree to give one:

  • Inconsistent statements. The insurance adjuster will compare any statements that you make in your recorded statement to other statements you have made or will make in the future. He would use these inconsistencies to challenge how credible you are as a witness.
  • Confusing questions. Insurance adjusters have extensive experience conducting recorded statement sessions. They can ask confusing questions that may result in you giving an answer that you did not mean or that appears to hurt your claim. You may give the insurance adjuster ammunition to reduce or deny your claim when making these inadvertent and unintentional errors in your answers.
  • Litigation. If you are unable to settle your claim and must file a civil lawsuit, your recorded statement may be used against you in your court case.

What should you do if the insurance adjuster calls you and requests that you give a recorded statement? Your best strategy would be to politely advise him that you will have your attorney contact him and retain an experienced slip and fall attorney as soon as you can.

If you need assistance filing a claim after a slip and fall accident, call our office today to schedule a free initial consultation with a member of our slip and fall accident team.