Personal injury lawyers in Phoenix will very rarely advise their clients or potential clients to give a recorded statement to an insurance company. Also, where this recorded statement is appropriate, if a recorded statement is going to be given, it should almost always be given with your lawyer at your side.
Very often, the insurance company will claim that a recorded statement is required. However, when dealing with the insurance company for the driver who caused an accident, there is no law that requires a recorded statement. The reality is that this is more of a tactic used by the insurance companies to try to get something recorded that they can later twist and use against the person who is injured.
Many times I have told people not to give a recorded statement and they object by pointing out that they will just tell the truth. Well, of course they will tell the truth. You are required to tell the truth. If you are going to work with any lawyer that is any good, they will not work with you if you do not tell the truth.
However, ask yourself whether or not you can trust the insurance company to use that statement honestly or, in the alternative, if they might look to find ways to twist your words and use them against you. If they really just wanted to know what happened in the accident, why do they insist upon recording the statement? They could simply ask you what happened? They could ask you to put it in writing? However, if they just ask you what happened they won’t be able to twist your words against you later, or at least it becomes more difficult to do so.
If you put it in writing, it is much less likely you will say anything “off the cuff” without thinking about it and much less likely that you would try to write anything up if you were still under the influence of having narcotics due to the pain that you are in. However, these disadvantages and many more exist in the case of giving recorded statements.
We strongly encourage you to not provide any kind of recorded statement or have any direct communication with the other insurance company without first talking to and getting a consultation with an Arizona personal injury lawyer that can advise you as to your rights and give you guidance in terms of how to pursue your claim. At Breyer Law Offices, P.C., are always happy to take phone calls from people who have these questions and to give them our honest assessment on the best game plan for them in terms of moving forward and trying to achieve a fair result in their potential personal injury claim.