Since Nevada is a fault car insurance state, you have two options to secure compensation after an accident: filing an insurance claim or filing a personal injury lawsuit. Many car accident cases begin in the insurance stage and progress to a lawsuit if the claim is unsuccessful.
There are many components to an insurance accident investigation, and one of the most important is the statement you provide to the company. However, it is important to approach this statement with caution and speak to your lawyer before talking with an insurance adjuster.
Why Do Insurance Companies Ask for Statements?
After you are in a car accident and file an insurance claim, the company will assign an adjuster to oversee your case. The adjuster will contact you and ask you to provide a recorded statement about the accident. He or she may claim that this statement will allow the company to settle your claim faster and provide you with the compensation you need.
The law does not require you to provide a statement to the at-fault driver’s insurance company, and you should decline to speak with the adjuster until after you speak to a lawyer. Although it is true that the adjuster will use this statement to investigate your claim, it is important to remember that insurance companies have different motivations.
The Risk of the Recorded Statement
It is not in the insurance company’s best interest to provide maximum compensation in your case. If you provide conflicting information in your statement, the company may use your statement as justification to decrease your award, deny your claim, or cast doubt on your credibility.
For example, say that you are in a car accident and file a claim the same day. You do not go to the doctor because you do not feel like you have any injuries. The next day, an adjuster calls you and you provide a statement. You explain that you do not have any injuries and want compensation for vehicle repairs.
However, you begin developing pain the next day and visit the doctor, who explains that you have a soft tissue injury due to the accident. If you try to claim compensation for your medical expenses, the insurance company will use your previously recorded statement as evidence against you. For these reasons, it is very important to decline to give a statement—or to at least wait until you speak to your car crash legal team.
Tips for Giving a Recorded Insurance Statement
You have the right to decline a recorded statement if the at-fault driver’s insurance company requests one. However, you may find yourself in a situation where you provide this statement to the adjuster. The following tips can help you protect your interests.
- Speak to your lawyer first. Your attorney will provide important guidance prior to the statement.
- Ask that the adjuster not record the statement. This will help decrease the chances that the company will use your exact words—and unintentional discrepancies—against you.
- Keep your answers as brief as possible. Do not explain your answers unless the adjuster asks you to.
- Do not volunteer information and keep your explanations short.
- Do not admit fault or admit that you did not suffer injuries.
- If you are unsure or do not know the answer to the question, firmly state “I don’t know.”
If you suffer injuries in a collision, you need a Nevada car accident attorney on your side. Your lawyer can help you navigate the insurance claim process and avoid self-implication, advocating for your best interests during each stage of your case. Contact your attorney as soon as possible following your accident to discuss your legal options.