If you are involved in a vehicular collision, it is critical to consult with an attorney before giving a statement to your own insurance company. It is standard for insurance companies to demand a statement from clients immediately following a collision as most insurance policies contain provisions that require the insured to give a statement.

Employing an attorney immediately following a collision has many benefits and can give you the maximum protection.

• Most insureds have under and uninsured coverage. As explained in previous posts, under/uninsured coverage may provide additional insurance coverage in the event the tortfeasor has inadequate insurance limits.
• An attorney can determine whether your insurance company’s liability division or under/uninsured division is requesting the statement.
  • If the liability division were requesting a statement, you would be required to give one. The liability division is that part of the insurance company that would defend you in the event the tortfeasor claims you are the responsible or negligent party.
  • If the under/uninsured division is requesting a statement, you may not be required to give a statement.

In either case, if your insurance company is requiring a statement, your attorney can demand:

• The statement is considered a “work product” to the liability division, or
• The statement not be given to the under/uninsured division or anyone representing the tortfeasor.

Again, this is to ensure you receive the maximum protection possible, and your statement is not given to a person or entity opposed to your claim. Any party opposed to your claim has every incentive to minimize or even reject your claim for damages.

In many cases — if not the majority of cases — claims are made against under/uninsured coverage of your own insurance company. This division of your own insurance company actually steps into the shoes of the tortfeasor and thus is opposed or dedicated to reducing or eliminating any recovery by you. This is why you do not want to give a statement to an insurance company without first consulting an attorney.

We at the Beattie Law Firm are experts in representing people who have been injured in vehicular collisions. If you have been injured in a vehicular collision, it is very important to retain an attorney as soon as possible and certainly before you are requested by your insurance company, or any other insurance company, to give a statement. We at the Beattie Law Firm are here to help you.