Should I Give a Recorded Statement to the Insurance Company?

Personal Injury - April 14, 2017

Clifford W. Horwitz, a principal partner and lead trial attorney at Horwitz Horwitz & Associates, and Marc A. Perper answer similar questions pertaining to giving recorded statements to insurers. Cliff answers the first listener’s question on Free Legal Advice Friday’s:

The insurance company for the person that caused my auto accident wants to record my statement. Is that okay?

No, don’t give a recorded statement.

They are doing it solely for one purpose: to use against you at a later period in time.
They never use it for a positive purpose. They never use it for a purpose to help you.
One hundred percent of the time it’s used for a purpose to hurt your case. It is only used to damage you.
They have experienced questioners who might ask questions in a rapid fashion trying to get yes answers from you.
I wouldn’t do it.
Marc answers the second listener’s question on Free Legal Advice Fridays:

Should I allow my employer or their insurance company to record my conversation after I’m injured?

You’re employer and its workers’ compensation insurance company have no particular legal right to a recorded or signed statement.
Frequently, when people are unrepresented by council, the employer or a claims adjuster or a private investigator for the insurance company might contact you and ask for a tape recorded statement or a signed statement.
Our advice is not to give any statements. The reason is, just like in a criminal case, whatever you say in your statement can be used against you if the case ends up in court.
 
Clifford W. Horwitz and Marc A. Perper answer the Free Legal Advice Friday listener’s question: should I give a recorded statement to the insurance company?

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