Do I Need to Hire an Attorney Before Giving a Recorded Statement in Texas?

If you’re involved in an accident in Texas, the other driver’s insurance company may ask you to give a recorded statement. While you’re not required to do so, it’s important to understand the implications before making a decision.

Is a Recorded Statement Required for My Case?

Most people are aware that, if they are involved in a car accident, they may be required to give a recorded statement to their insurance company. However, many people are not aware that giving a recorded statement is not always necessary. In fact, in some cases it may be in your best interest to avoid giving a recorded statement.

Problems with Recorded Statements

1. The attorney representing the other driver is not your friend. – The attorney’s job is to protect the interests of the driver, not you. They may try to trip you up or get you to say something that can be used against you later on.

2. The accident is still fresh in your mind. – You may not remember all the details of what happened, or you may be confused about some of them. Giving a recorded statement before you’ve had a chance to fully process what happened can lead to you accidentally saying something that isn’t true.

3. The insurance company is not on your side. – The insurance adjuster’s job is to settle your claim for as little money as possible. They may try to use your recorded statement against you to low-ball you on the settlement or even deny your claim altogether.

4. You may be in pain and/or under medication. – If you’ve been injured, you may be in pain and/or taking medication that can affect your memory and ability to think clearly. Giving a recorded statement in this condition is not a good idea.

5. Once it’s out there, you can’t take it back. – Once you give a recorded statement, it’s out there and can be used against you. Even if you later remember something that contradicts what you said, or you realize that you didn’t answer a question the way you should have, it’s too late to fix it.

For all these reasons, it’s generally not a good idea to give a recorded statement to the other driver’s insurance company. If they insist, politely decline and ask to speak to an attorney first.  The insurance company is likely to use your statement against you, and an attorney can help you navigate the process.

If you do decide to give a recorded statement, be sure to keep your answers brief and factual. Avoid giving opinions or speculating about what happened. It’s also important to avoid saying anything that could be construed as admitting fault. It is important to be truthful and accurate. Lying or providing inaccurate information can hurt your case and may result in decreased compensation.

If you have any questions about whether to give a recorded statement, or how to do so, be sure to consult with The Miller Law Firm. Adam Miller will be able to advise you on whether or not giving a recorded statement is in your best interest.  Call now for a free, no obligation case review at 713-572-3333.