TAPED STATEMENTS

The insurance adjuster who tells you they need to take your taped statement is not just trying to get your side of the story. Their objective is to help their employer, the insurance company. Consulting an attorney before giving a statement is one of the most important things you can do.

First of all, Indiana is a comparative fault state. This is a legal concept which divides fault between the plaintiff, the defendant and any non-parties.* That means that one person or business entity does not have to be 100% at fault. Insurance adjusters try to find ways to assign some or all of the fault to you. If you do not think this is possible, consider that they have received a great deal of training in how to take statements. Insurance adjusters ask for very detailed information when usually only a few facts are important. They ask additional questions in hopes that you will either contradict yourself or make an admission of a fault. 

Adjusters always try to find a way to assign faults to the adverse party because it is part of their job. In semi crashes, motorcycle and bicycle cases, pedestrian injuries, and slip and fall cases their job is frequently to try to assign the majority of fault to you so they can completely deny your claim.

For example, most people think that if they were rear-ended by another vehicle in an auto collision, the other driver is automatically 100% liable. Common excuses insurance companies will try to make in even this simple situation are that you stopped too suddenly, did not have brake lights, or should not have been stopping where you were. In more complicated situations, such as intersection crashes, there are even more ways they will try to escape liability.

Secondly, if you have any prior medical problems, the insurance adjuster may try to find a way to reduce the value of your personal injury claim. You should never sign any medical releases without first consulting with an attorney.

*The Indiana Comparative Fault Act does not apply to Indiana Tort Claims Act.