Recorded Statement

In cases involving serious injury the defendant’s insurer will ask that you give a tape recorded statement. You are not legally obligated to do so. It’s better to avoid giving a statement without your lawyer present. The defendant’s friendly claim representative is trained to discredit you and your injury and to defeat your claim if there is any way it can be defeated. If your injury is major it is better not to go on record with your testimony before the defendant driver does the same. The claim can be harmed by an inadvertent remark, for example: “I never saw the other car before it hit me.” Such a remark can be used against you as evidence that you failed to keep a proper lookout. If you do give a statement request a copy for yourself. Avoid being pinned down to precise measurements of distance and time. Study the police report, witness statements, photos, medical records and physical evidence. Be prepared to tell about previous injuries and claims. Never tell any “little white lies.” Your credibility as a witness will be the single most important factor in determining the settlement value of your claim or the outcome of your trial.