How can you get a copy of your recorded statement after an auto accident?

Insurance companies often ask auto accident victims to give a recorded statement of their version of what happened that may have caused the collision. They often ask the claimant questions in order to determine liability and whether they are responsible for paying the claim or not. A few states in the nation prohibit accident victims from recovering any type of damages if they were even one percent at fault. It is important to think twice before agreeing to participate in giving a recorded statement.

How Insurance Companies Misconstrue the Law

Most companies will not provide a copy of your recorded statement. They will say that the contents of their claim files are protected from disclosure by the legal theory of the work product privilege. This rule of law usually pertains to materials prepared by a lawyer. During preparation for a lawsuit, the attorney may wish to keep certain information from opposing counsel during the discovery process. Under the work-product legal doctrine, any material collected prior to litigation is exempt from the discovery process. Insurance adjusters are not lawyers and they misconstrue how the laws are actually applied. When they refuse to give a policyholder a copy of their recorded statement, this could open them up to a bad faith lawsuit.

Legal Help With Demand Letter

Many state laws actually have an insurance code of ethics that adjusters are required to follow. The language in some statutes actually spells out that all witnesses will be given a copy of their statement. Failing to do so may result in severe penalties under the law. If you have already given a statement, a personal injury attorney can write a demand letter to obtain a copy of your recorded statement.