Should I Give a Statement to the Claims Adjuster?

You should not give a recorded statement to the third party claims adjuster; you may have to give a recorded statement to your own agent/adjuster, however. If you refuse to give a statement to your own company, they probably will not honor their obligation to provide personal injury protection benefits to you in the form of medical coverage and time loss. It is best to have your lawyer work with the first party adjuster and arrange a meeting at the attorney's office or a three-way conference call so that you can be protected during the process. It should be stipulated that the statement may be used only in the determination of the first party coverage and is confidential and not to be given to the third party adjuster.

The third-party adjuster will contact you and will try to take a recorded statement from you. Under Washington law, they are required to get your permission first and normally they abide by that rule. If you have given a statement, you have an absolute right to get a copy of it.

Our general advice is to tell the adjuster that they you have been advised by prospective counsel not to give a recorded statement. If they feel compelled to give a statement, they should directly and succinctly inform the adjuster of the severity of their injuries, being careful to be accurate and as open ended as possible. Some adjusters try to reach injured persons early enough that all of their injuries have not been diagnosed by the treating physicians. This is especially true regarding soft tissue injuries that do not become apparent for days.

With the help of The Farber Law Group, a Washington law firm experienced and knowledgeable in handling auto accident cases, you may be able to recover the full amount of your damages. Please contact us for more information and to schedule a free consultation.