After an accident, it is not unusual for the insurance company for the at fault driver to contact you and ask to take a statement from you about what happened, your injuries and the like.  Why do they want the statement? Should you give the statement?  How should you answer?  Can I review the statement after I give it?  Can it be used against me later? These are all important questions and before you decide to give a statement to the insurance company, questions you will want to know the answer to.

     The reason the insurance company wants the statement is to add to their investigation into the accident in terms of assessing fault and damages.  Even though they may have heard from their own insured how the accident happened, as they say, there is always two (2) sides to every story.  The most significant thing to keep in mind is whether you should give the statement in the first place.  The other questions are pretty easy to answer because of course you should tell the truth, you can ask for a copy of the statement after it is transcribed and you absolutely have a right to review it and make any changes that you believe are appropriate.  And, it absolutely will be used against you later if it is to their advantage.   If it is that easy you may ask, then why wouldn’t you just want to go ahead and give the statement?  Well, you might.  But, there are certain things to consider.

     The most important thing to remember is that the claims adjustor for the insurance company IS NOT ON YOUR SIDE!!  DON’T FORGET THAT!!  Their job is to get claims settled and done, and maximize profit for their company, by minimizing how much they pay out.  They will be friendly, polite and very professional, but they are not looking out for your interests. 

      Secondly, investigating claims and taking statements is what they do for a living.  Most likely, that is not what you do for a living.  So, who knows more about the process?  Them, not you.  Information is power, and they have it and you don’t.   But, you say, you know how the accident happened, so why not tell them?  Maybe that is ok.  But, even in the simplest rear-end accident, there are issues beyond the average person’s knowledge that come into play, and which can SERIOUSLY affect how your case will be viewed and VALUED!!   Value =’s $$.  So be careful here. 

     Well, you think you are good in your job and pretty smart, so how can the claims adjustor outsmart you in their questioning?  Maybe not.  But, how much do you know about the physics involved in an accident or what happens to the human body when it is subject to trauma?  I can guarantee you that the claims adjustor knows MUCH about those things.  If you can answer the following questions, then you MIGHT be able to give a statement without worrying about it.  Try answering these without “googling” each item:

1-  How many feet per second is your car moving at 30mph?

2-  How long does it take for a car going 30mph to stop on dry pavement?

3-  Same as #2 except it is wet pavement?

4-  How much does the average human head weigh?

5- Will your head and neck be injured if you are rear-ended at 30mph? 

     All right, you are saying, those are intentionally difficult questions.  I admit that is true.  But, those are the exact things that are happening in an accident.  In other words, collisions between 2 cars or trucks implicate rules of physics, and bio-mechanical and bio-medical issues.  If your statement answers are inconsistent with rules of physics, how do you think the claims adjustor will view your case?

     So, now what do you do?  The phone is ringing and the claims adjustor wants to talk to you.  Do you take the call?  What I suggest is you ask the adjustor why they want the statement, and then tell them you need TIME to think about it and will talk to them at a later date if you believe it is appropriate.  Then, IMMEDIATELY call a PERSONAL INJURY attorney you trust and get them on board.  A good injury lawyer knows exactly what to do here and will be looking out FOR YOU, NOT THE INSURANCE COMPANY!! 

     But, won’t the insurance company just go ahead and settle with you after you give the statement?  Ask them that and listen to them dance around the issue by saying that they can only settle legitimate claims and that they haven’t finished their investigation yet, and yadda, yadda , yaddda.  The reality is that they will put the recording of your statement in their file and wait to see you if you do anything.  They will wait, and if they don’t hear from you, then they will write you a form letter to some effect about how much time you have to file a lawsuit, and then maybe they even call and offer you some $$.  Sounds good!!  But, how do you know if that is a fair amount?  Who takes care of the unpaid bills?  The liens from the insurance company and doctors? 

     From my perspective, if all you want is your car fixed, give them the statement and get it taken care of.  If you have been injured in the accident, watch out.  Don’t you think you would be better off if you had someone MORE KNOWLEDGEABLE working hard on your side and fighting for you? 

     By the way, when you are going 30mph, you are traveling 44 feet per second and it takes anywhere from 67-73 feet to come to a stop on dry pavement depending on the quality of your brakes.  There is no standard answer for how far it takes to stop on wet pavement because of the enormous variables involved, but it is far more than 73 feet. The average human head weighs 8-10lbs and according to a 1986 study by General Motors, over 33% of all injuries in auto accidents arise in low speed collisions where the speed differential between the vehicles involved is less than 20 mph.   Get yourself a GOOD INJURY LAWYER AND GET SOMEONE FIGHTING ON YOUR SIDE!!