Typically, if you’ve ever been involved in an automobile accident that was the fault of another motorist, their insurance company representative will routinely request that you provide a tape recorded statement of what occurred. The representative innocently asks you to recount how the accident occurred and a description of whatever injuries or damages you are claiming. This request is usually presented as a pre-condition towards the resolution of any claim that is being presented. Therefore, the request is really an ultimatum where the insurance company representative is insinuating that no action will be taken to resolve the property damage aspect of the claim, or any other issues, until full cooperation is provided.

However, there is absolutely no requirement under California Law that such a statement be provided before the responsible party’s insurance carrier is obligated to provide payment for the damage done to your vehicle. Under California Regulations, the insurance company is required to resolve the property damage claim within thirty (30) days of the collision.

In most cases, the opposing party’s insurance company, will have an opportunity to obtain a copy of the police report confirming their insured’s responsibility for causing the accident, or would be able to discuss exactly what occurred with their own insured to reconfirm their culpability in causing the accident.

The real reason why an insurance company wants to obtain a recorded statement from you is to have some ammunition that they can use against you if a formal claim for personal injuries is pursued. They are hoping to catch you in providing information that may be incomplete or factually incorrect based upon your recollection at the time that this statement is taken.

Typically, the individual pressured to provide the statement, is injured. The victim may also be under the effects of pain or anti-inflammatory medication that often can cloud or interfere with his or her recollection regarding their medical history, prior accidents, or other treatment for similar type complaints that you might have received in the past.

Often, innocent lapses of recollection or inadvertent mistakes, regarding certain information provided during the recorded statement, will be stockpiled by the insurance carrier or their attorneys until they can use it to undermine your credibility. To have the jury question the allegations that you are making regarding your injuries related to the subject automobile accident.

In over 30 years of practice, I have never been required to have my client provide a statement in order to have their claim either evaluated or resolved. There is no obligation for you to provide an insurance company’s representative with a statement. The only reason it’s requested is to obtain potential adverse information which they can use at a later time.

If you would like to test the true motives for requesting this type of information, then merely ask the adjuster to put in writing, that the statement can only be used for settlement purpose and cannot be used later on for any reason, either during your deposition or at the time of trial. Also demand a copy of the transcribed statement.

At that time, you will be in a better position to determine whether or not the request is made in a genuine attempt to confirm the facts of the accident or as a method to obtain potentially contradictory information that can be used later on against you.

If ever you have any questions regarding any demands that an insurance company’s representative is placed upon you, when you are involved in an accident that was not your fault, please feel free to contact the Law Offices of Gary A. Sernaker. Gary Sernaker has been fighting with insurance companies in order to obtain reasonable and fair compensation for his clients for over 30 years.