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Insurance of druck driver that tolal my truck wants a statement of the accident from me

Harlingen, TX |

I got hit by a drunk driver, My truck was damaged on the back and all the passenger side. His insurance says that either it was my fault or that the truck was damage already on the side. His insurance wants me to give them a recorded statement on how the accident happen. I blacked out and do not remember everything. I told them they already had the police report but they said the report was not specific. Do I have to give them a statement. If I don't will they not pay form damamges. The drunk driver was cited with criminal cahrges.& I have hospital and Dr bills to pay and have benn without car for a month.

Attorney Answers 4

  1. You should contact your insurance company and let them handle the matter - especially if the other driver's insurance is making sounds about not paying or previously existing damages.

  2. It is not wise to give a statement to the at fault driver's insurance company without consulting with an attorney first. If you give a statement, tell the TRUTH and tell them that it will be limited to the collision and the property damage and nothing else. Remember, you can have your own insurance copmany repair the damage to your truck and then they will go after the other driver's insurance company and also recover your deductible if you were not at fault.

  3. We advise our clients not to give a recorded statement without representation. Why would anyone talk to an insurance company unless you have experience in that area. Obviously, the major reason to get the statement is to commit you to a story that they believe will help their insured and them out of a situation where they potentially owe you money for damages to your vehicle as well as medical expenses, lost wages, physical impairment, mental anguish and perhaps exemplary damages for driving while drunk. Please check out our web site at to learn more about claims against drunk drivers.

  4. You should contact a Board Certified Personal Injury Trial Lawyer in Texas before agreeing to give a statement. In a case like what you are describing, I usually advise that a lawsuit should be filed immediately without giving a recorded statement. There is evidence that is best preserved and obtained after a lawsuit is filed.