Personal Injury Attorney Warns Against Recorded Statements

Personal Injury Attorney Warns Against Recorded Statements

As a personal injury attorney, I wish I could read collision victims their Miranda rights before they talked to the at-fault driver’s insurance company.

“You have the right to remain silent. Anything you say can and will be used against you . . .” Here’s the insurance industry’s take (not a personal injury attorney’s take) on how dangerous a recorded statement can be for it’s own customer – how lawyers like me “contort” “seemingly innocuous statements” to build a case against the at-fault party (and therefore the insurance company):

Personal Injury Attorney Warns Against Recorded Statements

Reality is 180-degrees the opposite. Personal injury attorneys who make claims against careless drivers and companies rarely get access to the at-fault party’s statement. Rather, the danger is that adjusters will “contort” “seemingly innocuous statements” to build a defense to claims that have merit. “I’m ok” may mean “I’m sore, but I’m not going to die and the ER said nothing was broken” to someone who got rear-ended but in litigation that becomes, “You’re faking all the injuries you’re claiming.” “I may go see the doctor, but I’m not sure” becomes, “You only decided to see the doctor when you realized you could get money from Allstate (or whomever).” “I had some aches and pains before the wreck” becomes “You had a chronic pre-existing condition and you’re taking advantage of Farmers to get treatment you couldn’t get otherwise.”

As we discuss in the main content of our site (, “These days, insurance companies build a case against you as soon as they know about your collision. By the time you know there’s a problem, they may have already won.”

Adjusters will even record “early case settlements” for $500 or $1,000 before a collision victim even knows they’re hurt (for example, whiplash symptoms can sometimes take 48-72 hours to appear in force, and adjusters are trained to get that recorded statement as quickly as possible).

I wish police would Mirandize collision victims at the crash scene – not against them, but against the insurance company. The article below is extremely valuable, but for injury victims, not careless drivers.



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