I often get calls from people that have been in Oregon Car Crashes and asking if they need to return the insurance companies phone calls. Insurance Companies hire people to take a "recorded statement" as soon as possible to lock you into your story. These insurance company employees are typically friendly and persistent, but don't be fooled by their demeanor. The insurance company employee is trying to get a statement to benefit the insurance company, not you. There is not a clear answer of whether or not you have to give a recorded statement, because it depends on the insurance company that is calling you. I'll explain that below.
In a typical car crash there are at least two cars involved. We will call one car the "Bad Driver" and the other car is the "Good Driver." Both the good driver and the bad driver are legally required to have insurance. For the purposes of this example lets say Bad Driver has an insurance policy with Greedy Insurance Inc. The Good Driver has an Oregon insurance policy with Lizard Insurance Company. Bad Driver crashes into Good Driver's car and injures Good Driver.
Good Driver notifies her insurance, Lizard Insurance, of the crash. Good driver makes a claim with Lizard Insurance for her "Personal Injury Protection Benefits." to get her medical bills paid under her PIP policy. Lizard Insurance then calls and asks for a statement under oath. Oregon Law provides authority for Good Driver's Insurance, Lizard, to take a recorded statement from the good driver. Also, Good Driver has an obligation to cooperate with her insurance company under the Good Driver's insurance policy.
However, things change if the Bad Driver's insurance company, Greedy Insurance Co., calls. Greedy Insurance Co. does not have a relationship with Good Driver, so she has no obligation to speak with Greedy Insurance Co. Good Driver does not need to return Greedy Insurance Company's calls, or give a statement to them. Good driver has no obligation to provide Greedy Insurance Company any information. Good driver only needs to cooperate with her insurance company, Lizard Insurance.
Things get confusing with Bad Driver and Good Driver both have Oregon Insurance Policies with the same insurance companies. You should call me at 503.224.1658 if you are unclear if you should be giving a recorded statement to the insurance company.
Why Does It Matter If I Give a Recorded Statement to the Insurance Company? Any information you provide to the insurance company will be used to benefit the insurance company, not you. They will attempt to use your words against you in an effort to deny any claim you may have. The insurance company has trained employees that may attempt to minimize your injuries. For example, if they call the day after the crash and ask how you are doing and you say "fine." The insurance company may use that statement that you are "fine" to deny any compensation for a crash related injury. In short, these statements can be used to kill any personal injury case you may have. If you are not required to give a statement, then do not give the statement. If you are unclear if you are required to give a statement call me at 503.224.1658 for a free personal injury consultation.
Please call a Personal Injury Attorney if you have questions about whether or not you need to give a recorded statement. Call Ross Law LLC at 503.224.1658 for your free personal injury consultation. Jeremiah Ross is happy to chat with people about their personal injury cases and any issues they may be having with insurance companies.
This post is not intended to be "legal advice." PLEASE CALL an Oregon Personal Injury ATTORNEY to discuss the issues brought up in this post. THIS POST, other blog posts, this web-site, may be considered ATTORNEY ADVERTISING!