Recorded Statements for the Insurance Carrier After a Car Accident in Maryland
Insurance companies are desperate to get recorded statements from the parties to a car accident, particularly victims that might be willing to make a claim. A recorded statement is always to the benefit of the insurance company and not the victim.
There are two likely recorded statements you will be asked to give after a motor vehicle collision in Maryland. The first is a recorded statement to your own insurance company reporting the details of the incident.Recorded Statements to Your Own Insurance Company
You most likely have under your auto insurance policy a contractual obligation to cooperate with your insurance company regarding your accident. (There is an open question the Maryland high court has never addressed as to whether the requirement is permissible. Your insurance policy requires it but, at least arguably, Maryland law trumps this requirement.) We believe that, in most cases, you need an experienced victims' advocate on the call with you when you talk to your insurance company, particularly if you have serious injuries.
You should approach your recorded statement with your insurance company with both caution and candor. Many claims where the other driver appears to be at fault for the accident will eventually involve your own insurance company, especially when the other driver has no or limited insurance coverage. Victims are quick to forget that their own insurance company that seems so supportive of them can quickly turn into the enemy that is trying to deny their claim.
Accordingly, you want to be careful with respect to how you characterize the accident and your injuries. That said, you also have an ethical and contractual obligation to be honest with your own insurance company about what happened in the car accident and the extent and scope of your injuries (to the extent that you know). Again, the best way to balance these competing interests is to involve a qualified counsel in the recorded statement you give to the insurance company.Recorded Statements to the At-Fault Driver's Insurance Company
The other driver's insurance company will also want you to give a recorded statement regarding the accident and your injuries. While every situation is different, we struggle to conjure up many scenarios where it makes sense to give a statement to the at-fault insurance company. Accordingly, when the at-fault insurance company calls, you should either refer them to your attorney or simply tell them that you will not be giving a recorded statement to them.