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.
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.
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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.
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.
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.
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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
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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.
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)
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 J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
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."
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** 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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