As a St. Louis car accident lawyer, one of the issues I am constantly faced with is whether I should allow my clients to give a recorded statement to the insurance adjuster.  Additionally, I even receive a lot of emails from clients whom I don't represent who want to know if they should give a recorded statement.

First and foremost, you are never required to give a recorded statement.  But the answer to whether you should give a recorded statement is that it depends on your ultimate goals.  In my cases, I rarely let my clients speak with the adjuster simply for the fact that the adjusters hardly ever offer a fair settlement value anyways, and there is no point in letting the insurance company have two bites at the apple.  By this I mean that once we file the lawsuit the defense attorney will be able to depose my client under oath so why give him a head start by allowing him to read the recorded statement too?  On the other hand, there are times where, for various reasons, we may not want to file suit on the case but rather settle it up front with the insurance company.  In these situations where they ask for a recorded statement, sometimes we have no choice but to let them do it.  Obviously, there is no requirement that insurance companies settle your claim with you and there certainly is no requirement that they pay a certain amount.  Simply put, insurance companies have one goal and that is to pay you as little as possible.  The recorded statement only serves their purposes as they will often try to pick apart your words and twist them into something they are not so they can use it against you later.

Of course if you are trying to handle your claim yourself you may have little leverage in denying the insurance company a recorded statement.  They may say that without it, they will not offer you a settlement.  Again, there is no rule that says they are entitled to a recorded statement but if you do not have a lawyer, they know there is nothing you can do about it.

For those who will give a recorded statement, I highly suggest that you limit your discussion only to the facts at issue in the case.  Never make any kind of statements which may implicate you of being guilty of any negligence if that is not the case.  Additionally, if you are going to talk to the insurance agent about your injuries, make sure you tell them every last detail.  Generally, a person's out of court statements cannot later be brought into court because it is hearsay.  However, there is an exception when you are the plaintiff in the case.  Your out of court statements can always be brought into court and used against you. 

And finally, never be fooled into thinking that the insurance adjuster is your friend or will be fair to you if you are fair to them.  Again, they have one goal and that is to pay you as little money as possible.  Many good insurance adjusters will try very hard to sound very sweet and very caring but at the end of the day it's all about the bottom line to them.

Joshua P. Myers is a St. Louis personal injury lawyer specializing in auto accidents.  He is president of Myers Injury Law and handles car accident lawsuits throughout all of Missouri and Illinois.  If you have been seriously injured in a car wreck and would like to discuss your case with him, please feel free to call at 888-956-2487.  It is always free to discuss your case and there are never any attorney's fees until we collect on your behalf.