Giving a Statement to the Insurance Company

philFrankelShould You Give a Statement to the Insurance Company After an Accident?

The short answer is no. Never give a statement or speak with an insurance company insuring the vehicle which hit you, and call a lawyer before speaking with your own insurance company.

If you get a call from any insurance company before you call an attorney, don’t return the call. If you answered the call, just say I don’t want to say anything until I speak with a lawyer and hang up. If you have a lawyer, just give your lawyer’s number.

We immediately contact all insurance companies to advise we represent you and that they are not allowed to contact you. We do not give statements to an insurance company which is not your insurance company. We have our client’s insurance company send written questions to us which we can review before submitting.

Often clients call us days, weeks or even months after an accident after they already gave a statement to the insurance company claims representative. Some clients have even had multiple conversations with the claims representative.

Even if your statement doesn’t provide any damaging information, a good attorney will use your statement to find a discrepancy between your statement, your testimony at a deposition, and testimony at trial. The attorney will twist your words to make it sound like you’re not telling the truth.

We have clients who made statements about how the accident occurred not realizing that they gave information to the insurance company which they can use to defend the claim. We also have clients who made statements about their injuries which prevented early settlement.

The insurance company claims representatives are trained to get the information from you that they need to deny or minimize your claim. Insurance adjusters have detailed manuals with questions and depending upon your answers, more questions to obtain the information they want. Think of giving a statement as volunteering for an interrogation.

Additionally, claims representatives are often trained what to say to persuade you not to call a lawyer. They don’t want you to speak to a lawyer because they want to have an advantage over you and they don’t want you to know what your injury is really worth. If you don’t call a lawyer, they may be able to settle with you for $40,000 when your injury is really worth $400,000.

After Allstate’s training manual got out, Allstate sought an order from a federal court in New York to keep it secret. The training manual instructs adjusters on what to say to stop injury claimants from calling a lawyer.

At best, speaking with the insurance company claims representative will make it more difficult to settle your case early on for full value, and can delay your case by 12-24 months. This is just one of the many reasons why it’s best to call a lawyer immediately after your accident.

If you had an accident and already gave one or more statements, we still want to represent you. Hopefully, if you have an accident, you’ll call us immediately.

If you’re injured in an accident, even if another lawyer doesn’t think you have a case, call us immediately for a free consultation.

If you have a question for an article, anything else, or would just like to say hello, please call Phil Franckel at 1-800-HURT-911 or send your question to

Philip L. Franckel Esq. and Rob Plevy, Esq. are attorneys with FRANCKEL & PLEVY, LLP representing people hurt in motorcycle and other accidents.  Disclaimer: This article should be considered advertising to represent people HURT in an accident; is for informational purposes and should not be relied upon because it could contain errors; the correct information may be different for your set of facts even though they seem similar; and is not legal advice which should only be obtained by contacting Phil Franckel, Esq. or Rob Plevy, Esq. for a free consultation to discuss your specific circumstances at 1-800-HURT-911.

See our web sites, and  If you have been hurt in a motorcycle accident, speak directly to Phil Franckel 24/7 at 1-800-HURT-911 — 1-800-487-8911.

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