Injured in a car accident caused by someone else? Be aware you may soon get a call from the liable insurance company askin for a recorded statement. This timely approach may be friendly, but it is no accident. The insurance adjusters managing your claim know if they can reach you before you contact an attorney, they may be able to convince you to provide a recorded statement. Why does this matter? It matters because insurance companies often use what victims say in these statements as a means to devalue or deny their claims.
If you are unsure what to say to the insurance company after a car accident, you don’t have to. Our experienced Milwaukee car accident lawyers have extensive experience managing injury cases, and we are here to help you.
At PKSD, our lawyers help injured victims every day. While no attorney can guarantee specific outcomes, we have a history of getting results. We have secured favorable outcomes for countless victims injured in car crashes caused by the negligence of others. When you call for a FREE case review at our firm, we listen compassionately, answer your questions, and determine potential legal options.
Call today for a free consultation: 414-333-3333
What Is a Recorded Statement and Why Do Milwaukee Insurance Companies Request One?
A recorded statement is not a written document. It is a formal conversation between you and an insurance adjuster that gets recorded on audio. The adjuster asks questions about your Milwaukee car accident, and your answers become part of your claim file.
Insurance companies contact accident victims, like you, within days of your crash, sometimes within hours. They do this because they know you are vulnerable, in pain, and likely have not yet contacted a lawyer. They will likely tell you that providing a recorded statement will help them process your claim faster, but this is misleading.
The real purpose of getting you to provide a recorded statement is that, without an attorney’s guidance, you may say things that seem inconsistent when compared to your initial statement after the accident. Insurers also check to see if your recorded statement lines up with other car crash evidence, such as police reports or medical records. In short, they are looking for valid reasons to pay you less or deny your claim entirely.
Should I Give a Recorded Statement After My Milwaukee Car Crash?
You should never give a recorded statement without first speaking to a lawyer. Giving a recorded statement while you are still in a vulnerable state and without legal protection could lead you to innocently say things that hurt your claim. This statement could damage your ability to recover fair compensation.
What Should Milwaukee Crash Victims Do Before Speaking to Insurance Companies?
It is important to remember that the insurance company’s goals do not align with yours. They are a business first and foremost, so their goal is to protect their bottom line. Your goal is to recover full and fair compensation for damages you did not cause. To protect your interests, we strongly recommend seeking legal help and take these other steps to protect your interests:
- Seek Medical Attention First: Get medical attention immediately to protect your health and rule out any serious internal injuries. This step also provides vital protection for your legal claim as it links your injuries to the car crash that caused them. Failing to do this gives insurers room to argue that your injuries are not related to the accident.
- Document Everything About Your Accident: First responders and crash investigators will take pictures of the crash scene, so do not exit your vehicle or put yourself or others in harm’s way to do this. You can take your own photos of the crash scene from within your vehicle. Useful pictures include the accident scene, all vehicles involved, traffic signs, crash debris, and weather or road conditions. These images provide crucial evidence, especially if insurance companies dispute the severity of damage or injuries. Better still, record a vocal statement on your phone of everything you remember leading up to the crash. Be sure to provide key details about the weather, road conditions; anything that paints a clear picture of what may have contributed to the crash.
- Gather Witnesses’ Information: Collect contact information from witnesses at the scene. Their statements can be essential if the other driver disputes fault or if there are questions about how the accident happened.
- Contact an Attorney Sooner than Later: Insurance companies often contact accident victims within days, sometimes hours, of a crash. Once you hire a law firm, your attorney can speak with the insurance company on your behalf. Your attorney will prepare you before you make a recorded statement to ensure, while being honest, that you avoid statements that could hurt your case.
- Understand Your Insurance Policy: Review your insurance policy to understand what coverage you have and what your responsibilities are when filing a claim with your insurance company.
- Organize Your Medical Records: Start organizing medical records from all healthcare providers you have seen since the accident. This includes emergency room visits, follow-up care, and additional medical treatment. Consistently track these records as they help to establish the full value of your claim.
Can I Refuse to Give a Recorded Statement in Wisconsin?
Yes, you can refuse to give a recorded statement in Wisconsin, but the rules differ depending on which insurance company is asking.
Refusing the Other Driver’s Insurance Company
There is no law requiring you to provide a recorded statement to the other driver’s insurance company. Under Wisconsin’s 72-hour law, any recorded statement the insurance company obtains during that time (the first 72 hours) is not admissible in court. If pressed to give a recorded statement, you can simply refer the adjuster to your attorney.
The other driver’s insurance company has no legal authority to demand information from you. They may claim that refusing will delay your claim or suggest you are hiding something, but this is a pressure tactic designed to manipulate you into complying.
Your Insurance Company Requirements
The situation is different with your own insurance company. Wisconsin insurance policies typically include cooperation clauses that require you to assist with claim investigations. This cooperation may include providing a recorded statement.
However, even when your policy requires cooperation, you still have rights that protect you from unfair treatment. You can postpone giving a recorded statement until you have spoken with your attorney. You can also request that your attorney be present during any recorded statement with your insurer.
You can also ask for the questions in advance, request breaks during the statement, and seek clarification about confusing or misleading questions. Some policies allow written statements instead of recorded ones.
How Refusing a Recorded Statement Affects Your Milwaukee Insurance Claim
When you refuse to provide a recorded statement, the insurance company may use several tactics to pressure you. If they become less responsive, it does not affect your legal right to compensation.
Refusing statements could lead to higher settlements because:
- Insurance companies have less ammunition to dispute your claim
- You get time to understand your injuries and damages fully
- Your attorney can build a stronger case without harmful statements on record
- Settlement negotiations start from a stronger position
Your refusal to provide a statement to the other driver’s insurance company cannot be used against you in court. Wisconsin law protects your right to not cooperate with adverse parties.
The decision to refuse to submit a recorded statement should be made with the guidance of professional legal advice. Most successful Milwaukee personal injury claims involve strategic refusals of recorded statements. This should be combined with proper legal representation to maximize compensation while meeting any legitimate cooperation requirements.
Information Milwaukee Drivers Can Safely Share Without Providing a Recorded Statement
You can provide essential information to insurance companies without giving a recorded statement that could harm your claim. When you know what is safe to share, it safeguards your legal rights while meeting basic communication requirements.
You can share basic information about the accident. This information can include:
- Date, time, and location of the accident
- Your policy number and vehicle information (make, model, year)
- Contact information for other drivers and witnesses
- Police officer’s name and badge number
- Confirmation that you were driving at the time
Even if you are not providing a recorded statement, you may not know what to say to insurance companies. Here are some things that you can say:
- Simple facts: “I was stopped when the other car hit me.”
- Visible vehicle damage: “The front bumper is damaged.”
- Where your car was towed and repair shop information
- That you sought medical treatment (without details)
- Names of hospitals or doctors you have seen
Call PKSD if You Need Help Securing the Maximum Claim After a Car Crash
Remember, you have the right to refuse recorded statements from the other driver’s insurance company. Even with your insurer, you retain the right to protect yourself by seeking legal help.
At PKSD, we are deeply committed to helping injured victims navigate the legal process of recovering compensation after a car crash. Our compassionate legal team is prepared to help you through this difficult time. When we represent you, we fight for the full compensation you need and deserve. There are no upfront costs or fees to hire our legal services. We only get paid if you do.
Call our firm today to learn more about your legal options. 414-333-3333
