August 22, 2024 | Personal Injury
Hurt in an accident in Oklahoma? You have the right to bring a claim to seek financial compensation for your damages—such as property loss, medical bills, lost income, and pain and suffering. Most personal injury cases are handled by insurance companies. Unfortunately, they can make the legal process hard on people and families. You may be wondering: Am I required to give a recorded statement to the insurance company? The short answer is “no”—you always can and should consult with a lawyer before talking to an insurance adjuster. Here, our Oklahoma City personal injury attorney explains the most important things to understand about your obligation—or lack thereof—to provide a recorded statement to the insurance company.
Be Prepared: You May Receive a Phone Call From an Insurer Soon After an Accident
It is very likely that you will be contacted by at least one—and often multiple—insurance adjusters after a major accident in Oklahoma. Indeed, it is common to receive a phone call from the insurance company involved. It can happen surprisingly quickly because insurers are keen to gather information as soon as possible. Why? Because they are trying to build their defense. During an early-stage call, the insurance adjuster may request a recorded statement to capture your version of events. It is important to remember that this call is not just a casual conversation. Any phone call from an insurance adjuster after an accident is a formal part of their investigation. You need to take it seriously. Too many people underestimate the importance of this part of the process.
Know Your Rights: No Obligation to Give Statement Immediately After an Accident
Do you have to speak to an insurance adjuster and give a formal statement immediately after an accident? The answer is a clear “no”—especially when you are dealing with an opposing insurance company. You can and should take the time that you need to recover physically and mentally from the accident. Too many people in Oklahoma are not aware that they are under no legal obligation to provide a recorded statement to an insurance company immediately after an accident. While insurers may press for a quick statement in the hopes of settling claims rapidly, it is within your rights to take the time necessary to assess the situation and consult with legal counsel if needed. The pause allows you to consider the implications of your statements. Further, it allows you the opportunity to find and consult with an experienced Oklahoma personal injury lawyer.
Note: When dealing with your own insurance company, you may have a duty to provide notice of your accident/injuries under the terms of your policy. However, you are not required to give a recorded statement by law. You simply need to give timely notice that an incident occurred. You can still consult with a lawyer before providing a recorded statement.
Why You Need a Lawyer Before Giving a Statement: Insurance Adjusters are Not on Your Side
Insurance companies are focused on their own bottom line—not on doing what is best for you and your family. Insurance adjusters are trained professionals. They are primarily focused on minimizing payouts. Do not go it alone. A top-rated Oklahoma personal injury lawyer can help. They will be able to anticipate the insurance adjuster’s tactics for defending their employer. Here are some key things to watch out for from insurance company representatives after an accident:
- Shifting Blame: Under Oklahoma law (Okla Stat. Ann. Tit. 23 § 13), a modified comparative negligence standard applies. Adjusters may imply—or try to get you to admit—that you are at fault for the accident. In doing so, they will decrease their employer’s liability.
- Downplaying Injuries: Insurance companies also try to undermine the value of a claim. Indeed, they often minimize the severity of your injuries in order to allow them to rationalize a lower compensation offer.
- Pushing a Low Settlement: Finally, in a more general sense, insurance companies may quickly propose a settlement that is less than what your claim is potentially worth to close the case inexpensively—before you are able to get an experienced attorney.
Speak to a Top-Tier Oklahoma City Personal Injury Lawyer Today
At McGuire Law Firm, our Oklahoma City, OK, personal injury attorney has the skills and experience to hold insurance companies accountable. Have questions about recorded statements? We can help. Contact us right away for a free, strictly confidential initial appointment. Our firm handles personal injury cases in Oklahoma City, Tulsa, Lawton, Edmond, and throughout the area.