Should I Give The Personal Injury Adjuster A Statement?
No, you should not give your personal injury adjuster a statement regarding your car accident, slip and fall injury, or any other injury. No matter how kind the adjuster may appear, you can trust that your statement(s) will be used against you at a later date. Adjusters work for the insurance company. While they may be assisting you with reaching a personal injury settlement, their loyalty is always to the insurance company.
The Adjuster Is Probably Recording Your Statement
North Carolina is a One Party Consent state, under N.C.G.S. Ann 15A-287. This means that phone conversations can be recorded by one of the parties to those conversations. Effectively, this means that the adjuster does not have to ask your permission or even tell you the call is being recorded. It also means the recorded call could become evidence at trial.
Inconsistencies In Your Statement Will Be Used Against You
While you may tell the truth when giving your personal injury statement, you are only human. First, if the adjuster has multiple conversations with you, they may record all of them. Second, you may explain the facts in a slightly different manner to the adjuster on different calls. Lastly, these differences in the versions of your story could be used to establish your inconsistency, or your inability to accurately remember what happened. This is specifically true of a slip and fall accident. At least in a motor vehicle accident there is a police report to help memorialize the facts. If you’ve been in an accident we can provide you with a free copy of your police report,
Refusal To Give A Statement Will Not Hurt Your Case
As a general rule, we advise adjusters that it is our policy that our clients not give a statement. Much the same way the insurance company does not have to provide us with a copy of the store video for a slip and fall, we retain the right to refuse to give a recorded statement. Additionally, if a lawsuit is filed, both sides will be given a chance to take depositions during the Discovery phase of the lawsuit, governed by N.C.G.S. 15A-902. A deposition is the equivalent of a recorded statement given by our client, or anyone else. That is also when any existing video of an accident or slip and fall would be turned over for review.
The Pitfalls Of Settling A Claim Without A Personal Injury Lawyer
This article is just one example of how having legal representation can dramatically change the results of your personal injury claim or personal injury settlement. Whether it’s guidance regarding a personal injury statement to an adjuster, or assistance with negotiating medical liens in personal injury, your personal injury attorney will fight to protect you. Having your legal rights protected has to be a top priority when dealing with a large corporate insurance company.
Speak With A Charlotte Personal Injury Lawyer Today
If you have been injured and would like to speak with a lawyer today, call us at 704.749.7747. Press the “New Client” option when prompted, and you will be connected immediately with a lawyer. You can also request a FREE CASE EVALUATION and we will reach out shortly to discuss your case with you. Even if you’ve already given a personal injury statement, we can help.