recorded statement

Car Accident Statements

The insurance company asks for a recorded statement in almost every car accident case. The insurance adjuster will say the insurance company needs or requires a recorded statement to investigate the collision. Beware! This is a trap! You should never voluntarily agree to give such a statement following a car wreck.

In this blog, we consider when and under what circumstances (if any) to give a recorded statement to an insurance adjuster. One approach (paraphrased from Winston Churchill) is “Never, ever ever ever ever [voluntarily give a recorded statement to an insurance company].”

If your claim for a car accident is against another party’s insurance company (also known as a third-party claim), our policy is never to give a recorded statement. If the claim is against your own insurance company (for example, in an uninsured motorist claim), we are contractually obligated to give a statement to the insurance company describing the collision.

In our experience, the actual (and only) purpose of a recorded statement is for the insurance companies to find reasons to deny the claim or pay less for your injuries. Just like criminal lawyers tell their clients not to say anything (remain silent), the same applies in injury cases. The less said, the better.

As mentioned above, when the other party does not have insurance, and we are making an uninsured motorist claim, we must follow the terms of the insurance policy, which include giving a recorded statement. These are called examinations under oath (EUOs). We spend significant time preparing our clients for the recorded statement in these situations.

If we must give a recorded statement, we request a copy of the recorded statement. We read the following before every recorded statement: “This statement is being given for the sole purpose of providing [name of insurance company] and its adjuster, [name of adjuster], who is acting as an agent of its insured, [name of defendant], with information that may assist them in evaluating and compromising this claim.  This statement is given under OCGA § 24-4-408(b). Everyone agrees that this statement is not evidence, nor is it discoverable or admissible at trial including impeachment, should this claim proceed to litigation.”

If you are ever in a situation where you are being asked to give a recorded statement in an injury case, please consider calling us to discuss your options.

car wreck

Automobile Injuries in Georgia

Throughout Atlanta, hundreds of car accidents occur every day. Our law office, Gomez and Golomb, has helped clients recover damages for automobile injuries caused by collisions since 1994.

Gomez & Golomb Will Maximize Your Automobile Injuries

Many lawyers try to handle automobile injury cases, but, unfortunately, many don’t handle these cases regularly, or only to get minimal settlements, or have paralegals or assistants do all the work. You see these lawyers smiling on billboards throughout town. Our office is different: we work super hard to maximize the recovery in each automobile injury case, whether $5,000 or $five million. Every case we take is equally important to us. And every case is handled by an attorney from start to finish. The insurance companies only offer top dollar for automobile injuries when they know the other side is competent and prepared to fight.

Automobile Injuries are a Big Deal

Being involved in a collision is a life-changing, traumatic experience. Car accidents often occur through no fault of your own. When a four, five, or six thousand pound vehicle hits your vehicle, even a low-impact collision will cause injuries. These include rear-end wrecks, failure to yield, and intersection wrecks. Collisions cause severe and sometimes permanent injuries.

Automobile Injuries Involve Complicated Legal Issues

Car wrecks in Atlanta involve several issues, including insurance laws, overlapping jurisdiction, and other complex legal issues. Correctly interpreting the law and advocating your position is vital to recovering the total amount of damages caused by the automobile accident. Damages for car accidents include property loss, medical costs, lost wages, and past and future pain and suffering. Insurance companies are for-profit businesses. Their goal, and the way they make profit, is to settle your car collision case for as little as possible. If you hire Gomez & Golomb, you will level the playing field and maximize your settlement.

Call Us!

If an automobile collision causes injuries to you, call us at 404-382-9994 to speak to a lawyer about your case.