SHOULD YOU GIVE AN IDAHO ADVERSE INSURANCE CLAIM REPRESENTATIVE A RECORDED STATEMENT?
In short, the answer is no! At least, not until you have consulted with an experienced trial lawyer in a free initial consultation who is a veteran in dealing with personal injury and/or wrongful death claims.
IN IDAHO, A CLAIMANT IS NOT REQUIRED BY LAW TO GIVE A RECORDED STATEMENT TO AN ADVERSE INSURANCE COMPANY.
One of the tricks of the trade that adverse insurance claim adjusters are trained to do is to make contact early with a claimant BEFORE the claimant wises up and consults with an experienced trial attorney. This provides the highly skilled and trained claim representative with the advantage of cross-examining the claimant without the claimant being aware of the claimant’s legal rights and making an audio or video recording of the examination often euphemistically referred to as a "statement."
The purpose of the so-called "statement" is to allow the highly trained and skilled insurance claim representative with the opportunity to cross-examine the claimant on a number of topics that they may not be entitled to obtain under the Idaho Rules of Civil Procedure and then audio (and in some cases video) record the examination without the claimant consulting with an experienced attorney beforehand. The cross-examination/statement is designed to, inter alia, extract "admissions against interest" from the claimant that the adverse claim insurance company’s attorney may use at trial if the case does not settle prior thereto.
The adverse claim representative is typically a highly skilled and trained professional who has had hours of training in obtaining admissions against interest from claimants in an attempt to mitigate the amount of money that the insurance company may be required to payout by way of settlement or verdict at a later time. Many of these statements are taken early in the claim while the claimant is in a confused state of mind and while same are under the influence of pharmaceutical prescriptions including, pain relievers, muscle relaxants and anti-inflammatories. Claimants are called upon to "guess" at information regarding time, distance and speed of the vehicles involved in the crash without taking the time to go back to the scene with an attorney or collision reconstructions to reconstruct what actually happened leading up to and after the crash. Claimants may also be cross-examined on a variety of topics during a so-called "statement" that far exceed what the adverse insurance company is entitled to receive from the claimant during the course of discovery including items regarding medical history beyond the scope and course of the nature of the injury that constitutes the subject of the present claim. The intent is, of course, to allow the claim representative the ability to solicit as much information as possible to allow same to use the information and data against the claimant at a later date if the case is not settled prior to the claimant lawyering up and filing a lawsuit.
To be forewarned is to be forearmed!!
The nature of some injuries take up to 72 hours to manifest. By giving a recorded statement prior to consulting with an experienced attorney and particularly before all of the claimant's symptoms have allowed to be properly diagnosed, may give the adverse insurance company information it may use to mislead a jury into thinking that the claim is contrived since the claimant denied having any pain prior to the taking of the statement in the area of injury that manifests itselt after the recorded statement is taken.
Wisdom suggests that you defer rendering a recorded statement to an adverse insurance claim representative until you have had a free initial consultation with a veteran trial attorney to allow the attorney to debrief the claimant regarding the issues concerning the claim before the interview takes place if at all.
Experienced trial attorneys know what claim representatives are entitled to receive, and the law simply does not require a claimant to provide the adverse party’s insurance company with a recorded statement.
Adverse insurance carriers hire and train claim representatives as well as competent counsel with the purpose of trying to mitigate the amount of money it is required to payout to settle a claimant’s claim.
You may not need to hire counsel to assist you in your claim, but at least you should take the time and opportunity to consult with an experienced trial attorney in an initial free consultation in a confidential setting.
BOISE PERSONAL INJURY AND WRONGFUL DEATH TRIAL ATTORNEY ALAN MORTON HAS OVER 31 YEARS OF EXPERIENCE IN HELPING CLIENTS SEEK COMPENSATION FOR THE PERSONAL INJURY AND WRONGFUL DEATH CLAIMS.
In Idaho, veteran Boise personal injury and wrongful death attorney, Alan Morton, provides perspective clients with an initial free consultation in a confidential setting at his office or your home, hospital, workplace or any other location to your suiting. There are few things in life that are free, but having a free consultation with Mr. Morton to talk about your claim is one of them! His clients are throughout all of Idaho including, but not limited to, Boise, Ada, Canyon, Elmore, Blaine, Twin Falls, Gem, Payette, Washington, and Valley counties and beyond. Check out the testimonial section of Mr. Morton's former clients regarding their experience in having hired Mr. Morton as their lawyer.
Mr. Morton works hard for his clients in an attempt to secure justice on their behalf. He is a tireless advocate for justice who works with the objective to provide outstanding service for his clients. You may contact Mr. Morton to schedule a free initial consultation at 208.344.5555; toll free at 888.716.8021 or complete the online contact form.