Avoiding The Recorded Statement Trap In An Arizona Personal Injury Claim

Often, when people go through stressful experiences- especially those caused by others- they want to talk about what happened. Venting to blow off steam and listening to others’ opinions to gain perspective can provide clarity when the future is uncertain. But an accident victim should always be careful about whom they discuss potential legal matters with. With an injury award on the line, the other party, or their liability insurance provider, will be looking for any way to reduce their payout. A classic way they do this is by requesting a recorded call with a plaintiff in a personal injury claim. Insurance adjusters are trained to urge plaintiffs to make statements that can damage their own claims. This affects their ultimate recovery, which is the one shot they have at receiving compensation for their injuries. If you’ve been injured in an accident in Arizona, retaining quality legal representation is the best way to avoid hurting your claim through your own statements. Get the most out of your claim with a skilled personal injury attorney from My AZ Lawyers. Schedule your free consultation by phone today at 480-833-8000 for more information.

Open-Ended Questions

Open-ended questions can be a plaintiff’s downfall when asked by an insurance adjuster on a recorded line. Here, the adjuster may simply ask the claimant to relay what happened, in their own words. Remaining silent can be a powerful negotiation tool, and it can also be a powerful tool for adjusters who want to push claimants into filling that silence. When under pressure, do you find yourself saying words like “um” and “like,” or even obscuring your own statements with phrases like “I guess” and “maybe?” These could count against you if you say them during your recorded statement. If you say words that indicate you are unsure about what happened, your perspective could be interpreted as speculation rather than fact. For example, “I guess the other driver might have been speeding” is a much weaker statement than “the other driver was speeding.” Additionally, “the other driver swerved into my lane without using their turn signal” is a stronger statement than “I don’t think the other driver used their turn signal.”

Leading Questions

Adjusters know that some people are so eager to be agreeable that they might go along with leading questions and answer them in ways that are favorable to the defendant. While they might not sound like yes or no questions, that’s how they ultimately force the claimant to respond. Leading questions are essentially statements by the adjuster with a question mark added at the end. Some examples of leading questions include:

• The accident occurred late at night, so you must have been pretty tired at the time, correct?
• Were you in a little bit of a rush to get to work that morning?
• Do you think you would have seen the other driver sooner if you had been monitoring your side mirrors?
• The sun must have been blinding your eyes, right?
• Is there a chance that you were traveling over the speed limit?

Frequently Asked Questions

Which statements on a call with an insurance adjuster can be used against me?

You may have noticed that some companies will ask for your permission to record when you call. Those companies may be based in two-party consent states. But per A.R.S. § 13-3005, Arizona is a one-party consent state. This means that either participant in a conversation can record a call without notifying the other party. It is still a crime for someone who is not a party to a conversation to intercept the call and record it.

Will I lose my claim if I refuse to make a recorded statement?

The insurance adjuster will do everything in their power to make you believe that your claim will be permanently lost if you don’t agree to a recorded conversation about your accident and your injuries. However, this is simply a tactic, and plaintiffs have no legal obligation to make recorded statements for third-party liability claims. Your case won’t later be dismissed in court because you didn’t make a recorded statement to the insurance company.

What if I am making a claim with my own insurance?

Things are slightly different if you are making a claim through your own insurance, such as a UM/UIM claim. This is different from a third-party liability claim, and refusing to give a statement on your claim can hold up a first-party liability claim. But that doesn’t translate to you needing to give a recorded statement as soon as possible. You could be in shock or even have head trauma immediately after an accident, so it’s best to seek medical attention before making any statements to any insurance companies. You should also retain an attorney before this call so they can be present and guide you through the conversation.

What if the adjuster tells me that the call is for their internal records?

This statement means essentially nothing to a plaintiff in a personal injury claim. If an insurance company has a recorded call in their internal records, there is nothing stopping them from pulling it out from the files to use as a case proceeds. Whatever information you give the other side’s insurance for their “internal records” could later be used against you in cross-examination.

The insurance adjuster left me a voicemail. How do I know if they’re trying to get me to make a recorded statement?

If the insurance adjuster doesn’t explicitly say they are attempting to make contact to obtain a recorded statement from you, there are a few keywords you can watch out for that can clue you in on their intentions. Some of the other terms they may use for a recorded conversation include “formal statement” and “claim summary.” If you are still unsure, speak with your personal injury attorney before returning the call.

The insurance adjuster says my case can proceed faster if I make the recorded statement. How else can I pay for my medical expenses?

When an insurance company is pushing to settle a claim quickly, it is usually to avoid paying what could be a much larger sum. You can explore medical liens as an option to pay for your health care services while waiting for your injury claim to finalize.

Want to Get the Most Out of Your Arizona Accident Claim? Let the Professionals Handle Your Case from Start to Finish

Dealing with the other side’s insurance so that you don’t accidentally say things to hurt your case is just one of the responsibilities of a personal injury attorney. Your attorney can also coordinate with your medical providers, gather evidence, interview witnesses, and take whatever steps necessary to earn you the highest injury award possible. You will already have more than enough on your plate with medical appointments, trips to the mechanic or car dealership, catching up on what you’ve missed at work, etc. Our team of Arizona personal injury lawyers simplifies the personal injury claims process for our clients through a wide range of legal strategies. You only pay our competitive contingency rate if we secure you an injury award. Learn more today with your free consultation by phone by calling 480-833-8000.