Before they turn 65, the average driver will be involved in 3 to 4 car accidents. They’re never easy, and often they can be stressful, painful, and even life-altering. At the Judnich Law Office, our car accident attorneys work with many clients facing these challenges.
One of the most common questions we hear is whether someone should provide a recorded statement after a car accident. Here’s what we think every driver in Montana should know.
📞 Ring… ring… It’s an insurance adjuster.
After you’ve been in an accident, you’ll likely get a phone call from a couple of insurance adjusters. One will be from the other driver’s insurance company (if they have insurance), and the other will likely be from your own insurance company.
These adjusters will initially try to sound helpful and pleasant. They will likely tell you that they want to take a statement from you so they can better understand what happened in the accident or to somehow “open” their file claim and begin the process.
Don’t fall for it – that’s not how it actually works. They are just trying to trick you.
❗Don’t give a statement
At first, it may seem like a good idea to tell the insurance adjuster what happened after a crash that was not your fault in Montana, Arizona, or Washington.
After all, you want to be sure that your side of the story is heard, right? Here’s why it isn’t actually a good idea.
First, the adjuster will record your statement. Then, later on, if you have to litigate to get the fair settlement you deserve, the adjuster will ask to take your deposition, which is essentially another recorded statement made under oath.
They will attempt to find any discrepancy they can, even in cases where the facts are clear.
⚾ One strike and you’re out!
Under Montana law, a person generally can only be deposed once in a case. So, if an insurance adjuster has a recorded statement from you and then takes a deposition, they get an unfair advantage against you.
If there are any little inconsistencies or discrepancies between your recorded statement and your deposition, the insurance company will use that against you, trying to make it look as though you’re dishonest or unbelievable.
It happens every day, and over time memory fades for everyone – that’s how they try to take advantage of you. Don’t allow an at-fault insurance company and adjuster to take advantage of you or try to twist your words.
If there is a legitimate reason for a recorded statement, our law office will review that information and help you decide if such a statement is necessary. It is necessary on very rare occasions. Conversely, we are here to help victims stand up to an insurance company and force them to proceed quickly with the claims process without a recorded statement if that is the correct path.
🤝 Get a lawyer you trust on your side
If you’ve been in an accident in Montana, Arizona, or Washington, you deserve an experienced law firm that can help ensure no one takes advantage of you.
Marty is a former criminal prosecutor in the Cascade County Attorney’s Office and now uses that experience to defend those accused of crimes. A University of Montana School of Law graduate, Marty focuses his practice on personal injury and criminal defense and is a premier DUI defense attorney. He is also well versed in the insurance claims industry and has negotiated significant settlements with nearly every major insurance company.