My name is John Burns and I’m a car accident and personal injury attorney. My office is located in South Orange County where the cities of Mission Viejo, Laguna Niguel and San Juan Capistrano all come together.
Here is the answer to your question.
You’ve been in an accident and when you get home, your own insurance company calls you and wants to take a recorded statement from you over the phone? Do you have to give them one? Here’s my suggestion to you.
You have a contract of insurance with your own insurance company that requires that you cooperate with it.
Here are the rules regarding your own insurance company.
- Your policy of insurance with your own insurance company almost always includes a provision that you must cooperate with them in the investigation of an accident. That means that you would have to give a recorded statement to your own insurance company. So you can go ahead and give your own insurance company a recorded statement if they request it on the phone.
- You’re also entitled to have that statement transcribed into written words and sent to you in the mail. If you’d like to do that, you can go ahead and ask for that to be sent to you so you have a record of what you told your insurance company.
You do not have a contract of insurance with the other person’s insurance company so you do not need to cooperate with their investigation.
You do not have to give a recorded statement to the insurance company of the person who caused the accident. In general, it imay not be a good idea for you to give a recorded statement to the other insurance company. The other insurance company may try to use your statement against you later.
Please call me If you have been injured in an accident. I am available for you to talk to me at no charge. My phone number is (949) 496-7000, and my email is email@example.com. I look forward to hearing from you. Have a great day.