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1. before the statement you must have time to do this; some statements could take one hour, sometimes up to two, depending in the difficulty of the accident and the injuries. The average recorded statement is about 20 minutes (only for reference).
2. Set up a time that works for you, and try not to do it before lunch. The adjuster will rush you if you are closer to lunch time.
3. Before the statement you must have all the information available to you: location, street names, names, telephone numbers, witness, policy numbers, description of the vehicles, police department that responded to the scene, police report number, name of physician that saw you at the ER, etc. Do this before the statement or phone call, not while you are having a telephone conversation. This is why it is best to have the police Crash Information Form or the actual police report with you. Also have your accident diagram with you, this will refresh your memory regarding what happened.
4. READ YOUR POLICY before you call, again before the statement. This is critical. The insurance adjuster will be determining many things: fault, injury severity, damages, and coverage. Coverage could be denied based solely in what you say. So you better understand your coverages so you can determine what the adjuster is really looking for.
5. Tell the adjuster that you are willing to give the statement IF AND ONLY IF they provide a copy of the actual recording, and a transcription of the tape. This is very important. Adjuster tent to say things like: “sir, you told me in the recorded that your light was red”. Of course this must happen before the statement, not during or after. Use this leverage to work for you.
You can always read these transcriptions and realize whether you stated this or the adjuster is making an incorrect inference. Without this, the insurance adjuster has all the power and you cannot double check. If the adjuster is reluctant to do this (she should not be, if she is then there is something fishy), send them a letter. In this letter, explain the following: that you are in compliance with the terms of the police, your duty to cooperate, but you will only summit a recorded statement if and only if you can have a transcription of the recording.
6. You could also tell the adjuster that you will give the statement but your recorder will also be on (you still must ask for a written transcription). This tends to make adjusters uncomfortable. They know that you could use what they say in your favor, so the questioning will not be as drilling. Remember, two can play the recording game. Again do this before the statement. Do not record someone without telling them first about being recorded.
7. Remember that you can decline to answer any question, or at least ask the adjuster the motive of the question. For example, they might ask what color is your car? And the next question could be where were you coming from? The origin of the trip could be considered a private matter, but by asking you could determine if it is a question worth giving an answer to. In the case of the origin of the trip, adjusters seem to be looking to see if you were in a bar or a place where there might be alcohol. They will explain this only if you ask.
8. If you think that the question is not pertinent, or you think that there is not a correct answer. Then you could decline to answer by politely saying. “I decline to answer. Next question please.” If the adjuster presses the issue, then you can say “I agreed to give a recorded statement that is what I am doing.
9. Be ready to answer the question asked. If they ask you what color was the light? The answer should be “a color” or “I do not know”, or “I do not recall”, not the fact that the other person came and hit you. Do not volunteer information. Adjuster will take note of everything you say and these things will be used against you when you discuss liability and/or injury settlements.
Now that you know what to do before the statement, it is time to look at the acutal statement. Learn more.
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