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What if i gave a recorded statement to my auto insurance company

Woodland Hills, CA |

i was involved in auto accident and its not my fault and i was hospitalized due to injuries what if i already insurance company took a statement twith cell phone

Attorney Answers 10

Posted

Be very careful talking to any insurance company until you speak with an attorney. They are not on your side.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.

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Posted

I would consult an attorney to investigate the incident and protect your rights. Tell them about the statement you made so they can order a copy of the recording.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

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Posted

If you gave a recorded statement without first consulting an attorney, then you made the first mistake in your claim. But without knowing more information, in fact without obtaining a without obtaining your statement, it is impossible to find whether your mistake has harmed your claim. Insurance companies are very aggressive in obtaining a statement quickly, because it is the one time that they can get claim minimizing and destroying info before you have an opportunity to protect your rights. Call a personal injury attorney now, who will provide free consultation with no obligation. Good luck.

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Posted

I am not sure that giving your own insurance company's investigators a statement is a mistake - it will be protected from disclosure to the other side by the attorney client privilege. What I would not do is give a statement to the insurance company for the other driver. Talk to a personal injury lawyer in your area and follow his or her advice from now on.

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2 comments

Phillip Buchanan Grubaugh

Phillip Buchanan Grubaugh

Posted

Depending upon the situation even a recorded statement to your own insurance company without being well prepared to answer their questions most accurately and intelligently can be detrimental to your interests. For example, there are situations, such as an uninsured motorist claim, in which your own insurance company essentially steps into the shoes of the uninsured driver and you have to prove up your claim against the other driver, both liability and injuries and damages, in order to collect against your own insurance company. I cannot think of a situation in which getting free consultation from a personal injury attorney prior to giving a statement to an insurance company, whether "their" company or yours, wouldn't be the most prudent course. Always better safe than sorry.

David Lee Fiol

David Lee Fiol

Posted

I am not going to get into a debate with Mr. Brubaugh here, but I will state again that I don't think you have much to worry about. Yes it would have been ideal for you to have an attorney advise you before you gave the statement, but you are obliged to cooperate in the defense of your case and if your were truthful you will be fine. At this stage your insurer is focused on liability issues, not your damages, and if you were found not at fault by your insurer you are in good shape.

Posted

Please contact a competent, personal injury immediately. You should not have provided the statement. You need sound legal advice going forward. Hopefully, you were not tricked into making an innocuous statement that will be twisted by the insurance defense lawyer at trail to make you look like a liar.

This is a legal disclaimer that my advice here are for general purposes only and does not create an attorney-client relationship. Further, my advice is based upon the limited information and facts that have been provided. Additional facts and/or circumstances may materially change or affect the advice that I would provide. Finally, I have not agreed to represent you and anyone else who may read my response. (Sorry for this legal disclaimer, but it is important for your protection and mine. You do not want to think that I am representing you when I have not agreed to do so. In order for me to act as your attorney, we would need to execute a retainer agreement setting for the terms of the relationship.) Thank you for your understanding.

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Posted

I live and work in Woodland Hills, so I am happy to answer your question. As a basic premise I wouldn't handle your claim by yourself. Here is the reason why: depending on your coverage, your own insurance company could turn against you and use your recorded statement against you. The best thing to do is hire an attorney who will filter what information is necessary and give that to them.

You have some great facts, but your case definitely needs to be developed further to corroborate your story. You should hire an attorney so you're not bullied around ! There is no upfront cost to hire an attorney. With a case like yours it seems like you have some good facts in order to get a high settlement. The most important thing when building your case are: liability (were you at fault); how bad are your injuries to your body and your property; and of course how high is the at fault person's policy. A lot of these things sound like they are not complete yet in your case so its something that is worth hiring an attorney for in order to get a sense of whether you have a case and what the strategy would be for you to build a strong case! I've handled many of these cases

Direct Line to Attorney: 877-427-2752 or Email: Michael@Kingofpersonalinjurylaw.com; Website: www.KingofPi.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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7 lawyers agree

Posted

If the insurance carrier is YOUR carrier, your policy obligates you to assist them in the investigation of the accident. However, ANY statement you give, on the phone, written etc. should be with your legal counsel present (in the same room, not on the phone). These statements are for the benefit of the carrier, not you. I always prep my clients before the statement, going over do and do not rules, the basics of the questions they will be asked and guidelines regarding areas not to respond to.

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6 lawyers agree

Posted

Sorry insurance companies are not on your side.

Since the mistake of giving the statement to the insurance company was already made. You should immediately contact an attorney to represent you and have that attorney request an auto-recording of your statement. Maybe you should contact Mr. Mike Stemtoub. He's an attorney living in your area and is willing to meet you. Good-luck!

*Disclaimer: This response does not create an attorney-client relationship between you and I. I am not your lawyer and I am not representing you in the underlying issue stated in your question. The response I have offered is not intended to be relied upon, you should seek out an attorney to assist in this matter. You may contact me directly at (415) 362-6765 ext.120; website: www.wc-advocateforjustice.com. (Attorney for Law Offices of William E. Weiss)

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Posted

There are some basics to consider, and carefully so, when one is injured in an automobile accident…
1. Immediately get medical attention and treatment for all injuries.
2. Make sure a police report has been filed.
3. Contact a personal injury attorney.

Attorneys are called “mouthpieces,” because they are professional trained and educated at doing the talking in the legal arena (the battleground of court’s arbitration, insurance claims, etc.). Unless one feels he or she is on a par experience-wise and knowledge wise with a savvy claims adjuster and the team of insurance lawyers backing up said adjuster, one should not walk into the arena to battle.

Insurance companies are not any friend to the injured parties… insurance companies are designed to earn profits for their shareholders, and such profits are made by collecting more in premiums that paying out n claims… very simple business plan. Paying out on claims, unless there is a really solid reason to do so, is bad business for insurance.

- Paul

Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
(951)520-9684
www.fransenandmolinaro.com / www.888MDJDLAW.com

"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law and does so anywhere in the State of California.

Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

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3 lawyers agree

Posted

Was not a good move, but do the right thing now and retain a local personal injury lawyer.

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