Jan 032014

No, you do not have to give a statement to the at-fault driver’s car insurance company.  In fact, you should not give a statement to the negligent driver’s car insurance company without talking to an attorney first.  The reason is if you give a statement without consulting with a car accident lawyer in NJ prior to giving the statement, you could potentially hurt your car accident lawsuit.

NJ Car Accident Cases – Beware of Giving Statements to Car Insurance Companies 

Most car insurance companies want to pay injured NJ car accident victims as little possible.  Therefore, anything you say in your statement may be used against you in your subsequent car accident lawsuit. It is important to note that while injured car accident victims have no duty to give a statement to the opposing side’s car insurance company, they should cooperate with their own car insurance companies.

One of the questions the negligent driver’s insurance company may ask is how the accident happened.  Even though you were not at fault, you may say something that indicates you may also have been at fault.  This could hurt your subsequent car accident lawsuit because the negligent driver may later allege that you were the one at fault and/or that your actions contributed to the car accident.  As a result, your damages may be reduced.

Another question the negligent driver’s insurance company adjuster may ask is what injuries you sustained as a result of the car accident.  If you give a statement 1 day after your accident, you may not know the severity of your injuries yet.  You may have post-concussive syndrome and a serious head injury, but do not realize it because you are in shock and have overall pain in your body.  Therefore, when asked about your injuries, you may just say you are in pain.

If you give such a statement, in a subsequent lawsuit, your head injury would likely be heavily contested because you didn’t mention the injury in your statement.  This does not mean that you could not win your case if you made such a statement; however, the statement could create an unnecessary issue in the case.  Your injuries may still be proven through your medical records and medical expert testimony.

Therefore, it is important to consult with a car accident lawyer before you decide to talk to the negligent driver’s insurance company.  Once you obtain a lawyer, you should give the insurance company’s contact information to the lawyer so that the lawyer can handle the matter.  If the insurance adjustor calls again, refer him/her to your lawyer. Most car insurance companies will attempt to obtain statements within the first few weeks after the accident. This is why New Jersey car accident victims should seek help from a NJ car accident lawyer immediately after a car accident if they are thinking about bringing a lawsuit.

Related NJ Car Accident Information:

Help After a Cherry Hill, Marlton and Camden Car Accident

If you sustained injuries in a car, bus or truck accident and want to know your legal rights, call Philip Ciprietti, a personal injury lawyer who has helped many car accident victims, to schedule a free initial consultation.  Mr. Ciprietti has been helping injured victims for over 35 years.  800.281.8695

*Disclaimer: Every case is unique and you should not take any action or make decisions in your case without speaking to a qualified car and truck accident lawyer in New Jersey. This website page does not provide any legal advice or create any attorney-client relationship. Use of the contact form on this website or emailing Mr. Ciprietti does not create any attorney-client relationship. In addition, confidential information should not be sent through the contact form.