After An Auto Accident - Beware of Tape Recorded Statements!

In New Hampshire, it is illegal to tape record an individual’s telephone conversation unless that individual provides consent in advance.  After an accident, some aggressive insurance companies frequently call the injured party hurt by their driver the day of the accident or the next day seeking to speak to them over the telephone.  We have heard excuses such as, I have to speak only to the injured person or I am calling to discuss the location of the damaged car.  After getting the injured party, who is frequently in pain and on medication, on the phone, the talk the party into consenting to a tape recorded statement.  During the process the trained insurance company interrogators frequently search for legal excuses to paying the claim, ask life and medical history questions and try to lessen the severity of the claim and in our opinion, try to diminish the amount of money that they will have to pay out.  In a recent case, when the insurance company called to discuss the location of the totaled vehicle that they would be paying for, the trained interrogator grilled the medicated and injured victim for several minutes about the accident, injuries, prior conditions, job.  They did not even offer to help with the car until the victim brought it up at the end of the interrogation.  In that case, the insurance company for the driver who crossed the double yellow line and hit the victim was fishing for legal excuses for their driver.  They later relied heavily on their “recorded statement” when they sought to deny the claim of this injured victim who was suffered a broken foot and missed 3 months of work.

We never recommend that an injured individual speak with the insurance company in a recorded statement.  It is never in your best interest.  Have your spouse tell the insurance company where they can locate the wrecked car.  Do not fall victim to their trained interrogation tactics.  No good for you will come of it.

The moral of the story, if you have a spouse or family member who can speak to the insurance company regarding the property damage that needs to be inspected and repaired, have them do so and avoid speaking with the insurance company until you have seen your doctor and know what is going on with you physically.  We also recommend that you never, ever allow the insurance company to tape record a statement, since they are skilled interrogators seeking to find ways to deflect blame against their driver and, therefore, save them money.

This article contains the personal opinion of 32 year law veteran, James Normand, Esq.  There are many reputable insurance companies and adjuster.  This article does not refer to those.