Minor giving a recorded statement

by Judy
(La Luz New Mexico)

My 16 year old son was involved in a Auto Accident.

A lady pulled out in front of him and he hit her. She recieved a citation. When I finally got the police report and got her insurance information and call her insurance company to file a claim they told me that they needed a my son to tell them what happened.

I found out that it was a recorded statement they did not ask my permission. And now they are using what he said against him. What should I do now?

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Answer:

WOW, that is clearly a violation. Insurance adjusters are required to ask parents permission prior taking a recorded statement.

You can report the insurance company plus the Name of the adjuster to the New Mexico Public Regulatoin Comission. Check their site at
http://www.nmprc.state.nm.us/id.htm

You can also write to the insurance company and request that the recorded statement be thrown out and a verbal statement (not recorded) will be given to them.

Be clear, but do tell them that it appears that the big insurance company is taking adventage of a boy! They are clearly taking adventage of the situation and they are not allowing a parent to procure the best interest of a child. It really looks like that the insurance company is framming your son.

Even if you hit a hard road with the insurnace company, contacting your own insurance company and telling them what happened will protect your interest. Tell your insurnace company to drive the point home that an unauthorized recorded by a minor is no good in a court of law. They should be able to guide you on that one.

Good luck,

Casey.