Posts Tagged ‘recorded statement’

SEVEN MISTAKES YOU CAN AVOID WHEN INJURED ON THE JOB – PART 3

December 10, 2012

By: Richard H. Irwin, Esq.,
Certified Workers’ Compensation Specialist

5.    IF CONTACTED BY INSURANCE COMPANY – If you are contacted by the insurance carrier (or their investigator) regarding a “statement” that they want to obtain from you – if you are represented, contact your attorney immediately. If you are not represented let the person know that you will be more than willing to speak with them, but you will not agree to a recorded statement and you will not sign any statement.

Do not let them convince you that you must, by law or otherwise, provide a recorded or signed statement (other than a signed claim form )as to how your injury occurred, any previous injuries you have had, the doctors you are seeing, your current treatment or the parts of body you are claiming injured, as well as your current symptoms and complaints. It would be a mistake to either let your “statement” be recorded or let an interviewer prepare a statement and ask you to sign it. The reason for this is because, without proper representation, you could say something potentially damaging to your claim, say something that effects your ability to receive benefits or fail to state something that could have an equally disastrous consequence.

Five Things To Do After an Accident

July 9, 2012

Should you have the misfortune of being involved in an auto accident, it is important that you gather information and undertake a few responsibilities.

These are the most important steps to take following a collision. Click here for a useful form that you can keep in your vehicle. This form will help you gather important information at the scene of the accident.

1.         Obtain the information listed on our form:

Name, address, telephone number, driver’s license number of all drivers.

Insurance information from all the other drivers (Ins. co. name, telephone number and policy number).

License plate number and (VIN) for all other vehicles.

Name, phone number and address of any eyewitness to the collision.

2.         Report the accident:

immediately to the police and cooperate with them in preparing an accident report. If no police are available to respond to the scene, consider contacting the local police agency to determine if you can complete a report at a later time.  You will also need to fill out and file an SR-1 with the DMV.

to your insurance company, even if you are not at fault. If your insurance policy provides medical payments coverage and you require medical treatment because of the accident, your insurance company will provide you with information about how to use that coverage. Additionally, you may need to make a claim under your policy’s uninsured coverage (if your policy provides such coverage).

3.         Photograph:

Vehicles involved in the accident. Take several photographs that clearly show any damage. Take photographs from different angles and all four sides of the vehicles. Consider keeping a disposable camera in your car for this purpose, although a cell phone that takes quality pictures will work too.

Your injuries.

4.         Seek medical treatment without delay if you are injured or experiencing pain.

5.        Obtain legal advice by calling Heiting & Irwin before meeting with any insurance company representative, filling out insurance documents or giving a recorded statement or medical authorization to any insurance company (even your own). You have no obligation to provide this information before you have had the opportunity to speak with an attorney. If an insurance company representative contacts you before you are prepared to discuss your claims, politely explain that you do not wish to discuss the matter at this time, and you will contact them in the very near future to discuss your claims.

We suggest that you consult with an experienced personal injury firm.  Heiting & Irwin, offers free, no-obligation initial consultations. Our experienced attorneys will provide you with a thorough, thoughtful case evaluation that will help you to decide how best to proceed with your claims. Call (951) 682-6400, email or visit our website for more information.

What do I do after an accident?

August 16, 2010

by Jeffrey A. Boyd

-Assess your health and the health of anyone else involved in the accident. If any injuries appear to be serious, you should arrange for medical care immediately (dial 911).

-Remain calm and non-confrontational. Getting into an argument with the other driver, eyewitnesses, or medical personnel will not help the situation in any way.

-Get the information from the other driver (driver’s license number, license plate number, insurance company and policy number). Get information from the any eyewitnesses (including name, address, and telephone number).

-Make sure the police are called and that the officer files a report. If an officer will not respond to the scene, visit a police station within 48 hours to file an accident report.

-Make sure you receive necessary medical treatment. Just because you were not taken from the scene in an ambulance does not mean you are not injured. Sometimes a person will brush off pain as simple soreness from an accident. If you are not checked out by a medical professional, you will not know whether it is something more than normal soreness.

-Never give the other driver’s insurance company a recorded statement (see my previous article for the reasons behind this).

-The insurance company will likely handle the property damage claim separate from your claim for bodily injury. This is acceptable, but the insurance company is not entitled to ask you questions regarding your bodily injuries.

-Do not rush to settle your bodily injury claim until you have been examined by a medical professional and have talked with an attorney.

While handling a property damage claim may be fairly straightforward (ie. my car needs a new bumper), injuries to a person may be complex. A person may need physical therapy, medication, or even surgery. Just as a car may sustain damage to its frame that may not be visible to the body of a vehicle, people can sustain internal damage that is not present to the untrained eye. Settling a claim without being examined is risky and could leave you in the lurch if you need future medical care.

Insurance Adjuster Wants a Recorded Statement

July 16, 2010

by Jeffrey A. Boyd

After a car accident or truck accident, a common question our office hears is whether an accident victim should give a recorded statement to the other driver’s insurance company. Our advice is that the victim should politely decline to give a recorded statement.

The insurance company will place you under a lot of pressure to give a recorded statement and they must ask before they can record you.

There is no legal obligation to give a recorded statement, so why does an insurance company want one? The insurance company wants to document, as early as possible, and likely even before you are aware of the complete extent of your injuries, how the accident happened and what your injuries are. Remember, it is the job of the other driver’s insurance company to minimize compensation of your injuries. They will blame the accident on everything but their own driver. They will blame your injuries on anything but the accident. So no matter how polite the insurance adjuster is, they are trying to find ways to defeat or minimize your claim, and it is in your best interest to politely decline.

Your insurance company may ask for a recorded statement. You have an obligation to cooperate with your insurance company. Your statement to them will probably not be disclosed to the other driver’s company.