Do you want to give a Statement to the At Fault Driver’s Insurance Company

September 10, 2016 Published by

Indiana auto accident attorneyIf you are in a collision and you are injured we advise against giving a statement to the at fault driver’s insurance company.  Why, you ask.  You are going to tell the truth and everyone will agree that it is the other driver’s fault, so what is the harm.
Let’s take it one step at a time.  First, the police have already performed an investigation and more likely than not have taken a statement from you.  The insurance company for the at fault driver has access to the police report.  Therefore, they already have a statement from you.  Therefore, what benefit is there to you to give another statement?  Probably none.

Second, the insurance company for the at fault driver is an interested party. Although you cannot sue the insurance company directly in Indiana, they will be the party that is paying the judgment.  Therefore, they have an interest in making you appear to be in some way at fault.  The people that take the statements know what they are doing, they have taken many, many statements and know how to ask confusing questions in order to steer you to the answer they want. 

Third, if you have serious personal injuries, such as a broken bone, spinal cord injury etc, you are likely to be on pain medications that affect your judgment.  That is why you should not drive when they give you these medications.  If your judgment is affected by these medications your ability to think and accurately recollect the facts may be a problem.  Giving a statement to a professional whose interests are adverse to your own while under the influence of narcotics is just a bad idea.

Finally, not everyone is going to agree with you that it is clear that the other driver is at fault.  Especially those who have a vested interest in the outcome of the claim.  I have seen it time and time again, the insurance company takes the claimant’s statement and then try to use it against them later on during the processing of the claim. If you have been seriously injured in a car accident, a semi tractor-trailer collision, at a construction site or under any other set of circumstances, please give a call for a free consultation.  It may mean the difference between a successful resolution to your claim and along painful process of litigation and going to Court.

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