Your insurance agent is not your friend. Their kindness and sympathy may be genuine, but their job is to save their company as much money as possible. In a comparative fault state, like Florida, that could mean finding ways to shift fault in an accident to prevent payouts. Allow us to explain why you should never give a recorded statement without your attorney.
Shifting Fault
Imagine you’re involved in a T-bone accident at an intersection. You think you couldn’t possibly be responsible for the crash. You had the right of way, and the driver slammed into you. So, you didn’t hesitate to provide your insurance company with a recorded statement.
You didn’t expect that the line of questioning would be so intense. It seemed the questions were designed to shift blame and make the accident your fault even though you were the one struck by a car running a red-light.
During the recorded statement, you say that you didn’t yield at the greenlight. You went through without looking both ways. The insurance companies try to use this against you. They claim that if you had been paying attention, you could have avoided the crash altogether.
Shifting Consequences
Under comparative negligence law, a victim’s insurance compensation is reduced in proportion to their degree of fault. That means if you were originally going to receive a $100,000 settlement to cover your injuries, and the insurance company arbitrarily determines you are 35% responsible for the crash, you’d only receive $65,000 of your settlement.
The best way to avoid shifting fault is to consult an experienced auto injury attorney. An attorney can guide you through the recorded statement and ensure nothing happens that might undermine your case. With an attorney at your side, you’re better equipped to reduce your fault in the accident and get the full settlement you need to rest and recover.
If you need help disputing a serious car accident, we are here for you. If you’d like an experienced Pensacola personal injury attorney from The Watson Firm to evaluate your case, please send us an email or call (850) 607-2929.