Blog » 2014 » September » After an Accident, Should I Give a Statement to the Insurance Company?

After an Accident, Should I Give a Statement to the Insurance Company?

This is an issue that comes up over and over. Like most legal questions, the answer is: it depends. Is it your insurance company or the other party's?

Dealing with Your Own Insurance Company

When someone makes a claim under their own insurance policy, that person has a duty to cooperate with the insurance company and their investigation. Failing to provide such cooperation could cause your insurance company to deny your claim. Moreover, virtually all insurance policies require that the insured provide recorded statements and/or submit to Examinations Under Oaths (EUO), which is similar to a deposition. However, this does not prevent you from hiring an attorney to help and advise you how to respond to inquiries made by the insurance company. We have seen many instances where an insurance company will go overboard (or be outright harassing) and ask for personal and private information which they clearly have no business asking for.

When It's the Other Driver's Insurance

It is very different if you are dealing with the insurance company of another party to an accident. There is normally no duty for you to give any type of statement, recorded or otherwise, to someone else's insurance company. However, they will gladly take a recorded statement of you if you let them, especially one which they can use against you in court one day. If you are injured or damaged due to the negligence of another, and their insurance company calls you to ask questions, politely decline and refer them to your lawyer. If you do not have a lawyer, find an experienced one right away! Call Stabinski & Funt now at 888.395.9255 or contact us online for a free initial consultation and to find out how our Miami insurance lawyers can help you navigate the claims process.

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