There is nothing in Kentucky law that requires you to give a recorded statement to the at-fault driver’s insurance company.
I would prefer you talk to me first, Attorney Jim Desmond, before giving any recorded statement to an insurance company, because as a licensed attorney, my legal and ethical duties are always to act in your best interests. You have my cell phone number, and that’s part of The Desmond Difference. After an accident, it is common for an insurance adjuster to contact you within days—or even hours. And guess what? Every single time, they will ask you for a recorded statement, and many people are rightfully skeptical of whether they should answer questions or provide a recorded statement.
In my experience, the best response to a request for a recorded statement is “What’s the purpose of a recorded statement?” and I pose that question every time they ask me to provide my client with such a statement!
Think about it: to provide you with an example from my own legal practice, their insured was drunk, and they hit my client’s vehicle while he was standing still. What new information were they hoping to learn from taking a statement? None!
One purpose of a recorded statement is to preserve your version of events before all of the facts and injuries are known. Later inconsistencies—even innocent ones—may be used to challenge your claim. Further, they may be simply following the procedures laid out by their company even though the facts of the car wreck are not in dispute. So, with that in mind, Be Careful!
Insurance adjusters have an important job, but they also work for an insurance company, and it is the job of an insurance company to save their stockholders money and settle claims as quickly as possible. Their questions are designed to gather information about the claim that helps their insured build a defense, not help you build a strong personal injury claim. All the time, they ask questions about your injuries or before all of the facts of the car wreck are known. Do you do as I do, practice just automobile accident law, your whole career? Then understand that the less you say, the better- at least until you have a chance to talk to legal counsel. On that note, the call to me on my cell phone is free, and I guarantee you will walk away with more information about Kentucky car wreck law in 10 minutes than you thought possible.
If you are going to provide a recorded statement, Don’t Guess!
If you don’t know an answer, don’t speculate. If you guess, make it clear in your answer that you are guessing and are not sure. Be extremely careful about guessing distances. Do you really think you know whether it was 20 or 40 feet before you saw the other person’s vehicle? Many times, an insurance company wants to use the recorded statement as a basis for creating comparative fault. Be careful of this pitfall. For example, the other person did not yield the right of way to your vehicle when they pulled out from a side street. However, the insurance company tries to argue that you were 30% at fault for the car wreck because you admitted to seeing the other driver’s vehicle ahead of time and had enough time to avoid the collision, based solely upon what you said in your recorded statement.
In a recorded statement, DO NOT minimize your injuries!
The media tries to act like no one is injured in car wrecks and everyone puts on a neck brace just to try and get a payday. That has not even been close to my experience with injured car wreck victims. In fact, my experience has been just the opposite.
The Desmond Difference in Practice, Real Kentucky Case
With love and respect to you, the injured car wreck victim that has supported my legal practice, QUIT MINIMIZING YOUR INJURIES! Every person injured in a car wreck wants to believe it is nothing and that their injuries will go away in days. That has not been my experience. If anything, we don’t all take care of ourselves the way we should, with regular exercise, and as a result, the impact from a car wreck has more impact on our lives than we anticipated. So, don’t minimize your injuries and understand that, in many cases, injuries develop weeks after the car accident.
Immediately after an accident, you may not yet know:
- The full extent of your injuries
- Whether you’ll need additional treatment
- Whether you’ll miss work
- The long-term impact of your injuries.
Providing incomplete or inaccurate information early in the claim can sometimes create unnecessary disputes later on.
Jim Desmond’s Practical Advice
Don’t give a statement unless I am on the phone with you.
Don’t minimize your injuries.
Understand the insurance company is preparing a defense to your injury claim with the information you provide them.
Attorney James “Jim” Desmond
Jim Desmond is a Louisville car accident lawyer licensed in Kentucky and Indiana since 1993. He has represented victims of automobile, motorcycle, truck, and pedestrian collisions throughout Kentucky.
The Desmond Difference
Every accident case is unique. Insurance companies often evaluate claims based on limited information gathered shortly after a collision. Before accepting an insurance company’s decision about fault, injuries, or the value of your claim, it can be helpful to understand all of your legal options.
If you’ve been injured in a Kentucky car or motorcycle accident, Attorney Jim Desmond offers a free consultation to discuss your case. Call (502) 609-7657 or contact us online to learn more.