Home > Research Legal Advice > Car / Auto Accident > How do I give a statement to the at fault driver's insurance company?
Asked over 2 years ago - Sumter, SC
FlagI was hit by a drunk driver who was arrested at the scene. He did not report it to his insurance co. His insurance co wants to inspect my car and wants me to give a statement of the accident over the phone. I am concerned about giving a statement as everything I have researched says not to do this. I was not injured,just want my car repaired.If I refuse to give a statement can they refuse to pay for my repairs?
I agree fully with the other attorney Myers. (No relation.) Definitely let the insurance company look at your car. Definitely give them any accident reports, damage appraisals or other documents. But, insurance claims adjusters have a way of pushing you beyond the limit of what you know, getting you to admit you do not know a certain detail, then lurking in waiting for the right opportunity to bring this up later to delay, deny or devalue your claim. So, (1) cooperate with the insurance company and (2) retain a personal injury attorney before you even think about giving a statement.
Personal injury attorneys nearly always give a free initial consultation.
The insurance industry’s own statistics indicate that once an attorney becomes involved, the value of any claim at least doubles.
Put those two facts together and it is in your best interest to retain experienced legal counsel at your earliest possible convenience.
I truly wish you the best.
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This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.
My advise to my clients is never to give a recorded statement. If the accident report clearly illustrates liablity, which it appears in this case is not an issue, then why give the insurance company any further information. They are liable for the actions of their insured whether you give them a recorded statement or not.
I think there really now right way to give a recorded statement. Rather, the question is whether to give one at all. Why do they need one? Their insured was drunk! In fact, they should have all the information they need from the police report. If you were injured, you should highly contact a lawyer who specializes solely in personal injury. The fact that the other person was drunk is a basis for punitive damages which means a lawyer could use this as extreme leverage to maximize a settlement by holding the threat of a bad faith lawsuit over the insurance companies head.
Disclaimer: This reply does not constitute legal advice or the establishment of an attorney-client relationship.
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