With your own insurance company, you have a duty of good faith and cooperation with them just like they have with you so you should answer their questions honestly and fully. With respect to the other driver’s insurance company, you have to be careful about talking to them.
They do not owe you any duties and they do not have to protect or look after your interest like your own insurance company does. Their only obligation is to their insured, which can be contrary to your rights and interests.
Recorded statements can and will be used against you. You have to be careful about giving recorded statements. Statements that are made as friendly, off-the-cuff remarks can be used against you, especially in connection with how you’re feeling that day or how you’re doing. Conversations that can generally be just referred to as part of the “good morning” process such as “Hi, how are you? How are you doing today?” can be used as an indication that you’re doing well when, in reality, you’re still suffering from an injury.
We always recommend that our clients do not talk to the other driver’s insurance company or have their statements recorded. The more statements that are recorded increases the potential for minor inconsistencies that can be used against you later.
Do I Need a Personal Injury Attorney?
The answer is yes. If you have been injured in an accident due to someone else’s negligence, regardless of whether or not you were partially at fault, you need an attorney. Click here to find out why.