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Why a Recorded Statement?
Why are they after this so badly? The answer might surprise you!
Why a recorded statement?
This is a very interesting question. 95% of the claims in any given insurance company settle out of court. Out of those 5% left, only 1% or less will ever have the statement come into the court room.
The main reasons for this are the rules of evidence. The recorded statement becomes evidence, and therefore it is governed by the rules of the court.
Any attorney will tell you that being able to listen or to read a recorded statement in a court room can be a major legal battle. Usually, when you give a recorded statement, you are not represented. This is an interrogation without protection. The law will protect your rights (up to a certain degree).
So why do they try so hard to acquire a recorded statement if it will never make it into a court of law? I believe that it is for two important reasons:
- If the case ever goes to arbitration,
The panel of arbitrators (glorified claim adjusters) will look for the recorded statement. Most of them place huge importance on the testimony of the parties.
As mentioned before, in many cases, arbitrators will decide the fate of a claim based solely on which claim adjuster has better documentation. This is not the way it should be, but it happens everyday.
Insurance companies go to arbitration everyday, and they know that losing too many arbitration decisions could be worse financially than losing a few cases.
This is the number one reason why insurance companies will be desperate to get that recording. The one reason why a recorded statement is needed is because your insurance is preparing for an arbitration dispute, not a court of law.
- The psychological aspect.
If you have a dispute with someone, it is very powerful to say, “Well, this is what you said. We have it in a recording.” It is a matter of power.
When you have the power to say “I have you in a recording saying that the light was red and that it is your fault,” then you seem to have a lot of bargaining power over someone. It is like someone confessing to a crime.
Many people get crushed because of what is said or they thought they have said in a recorded statement.
Now that you know why they will ask you for a recorded statement, you can evaluate if you will give them one.
If after reading everything on these pages regarding statements you decide to give your own insurance company a recorded statement without the presence of an attorney, the following links will explain the best way to approach recorded statements in a way that protects your interest.
Recorded Statements Introduction
Why do they want a recorded statement?
Before the statement, you must prepare for what you are going to say!
The Actual Statement, What questions are they going to ask?
After the statement. What do you do?
Defeating a Bad Recorded Statement
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