When you are injured in a car accident, it is common to file an insurance claim for compensation. However, anything you disclose to the insurance company can be used in court, and they might ask for a recorded statement when dealing with injury claims.
If you are asked to give a recorded statement or other report to an insurance company, say that you have to consult your lawyer first. Speaking with a lawyer before giving any sort of recorded statement is incredibly important when it comes to protecting your rights. Anything you say could end up being used against you, so talk to a lawyer first and have your lawyer present with you during the recording if you can.
Contact Rice, Murtha & Psoras today at (410) 694-7291 to receive your free case assessment with our Maryland car accident lawyers.
Should I Give a Recorded Statement After Getting Injured in a Maryland Car Accident?
When an insurance company asks for a recorded statement following a car accident, it is important to be aware of how that statement could be used. If you disclose sensitive information or use inaccurate language, there could be negative consequences for your case.
These statements have the potential to be used as evidence against you in various ways, so it is crucial to exercise caution. Our Maryland car accident attorneys can provide guidance and ensure that the insurance company only speaks to us regarding your case. It is worth noting that there might be other factors beyond this list that could impact your case. The following are the most common ways a recorded statement could be used against you in a Maryland car accident claim:
Determining Your Insurance Claim
When an insurance company has received a statement from you, it can impact their decision on whether to pay your claim or not. Any information you provide can be used as evidence, and if your statement suggests that you were at fault or contains information that complicates proving fault, it might lead to the insurance company rejecting your claim. Insurance companies are not bound by the Maryland Rules of Evidence or other limitations on the admissibility of statements, so they can use any information or statement you provide to deny your claim.
Impeachment
Challenging a witness’s testimony is known as impeaching them, which usually involves questioning their memory of events or their reliability as a witness. If you provide a recorded statement that contradicts your court testimony, the insurance company can present it as evidence to suggest that you are not being truthful. This could negatively impact your credibility in the eyes of the jury. It is crucial to consult with an attorney to ensure that your account remains consistent across all recorded statements, depositions, and testimony related to your accident.
Furthermore, anything you say in a recorded statement can be used to challenge your testimony in court, especially if it pertains to your ability to recall events or your trustworthiness. Even seemingly harmless statements like “I’m sorry, don’t quite remember the details” can harm your case if made available to a jury. Such statements could indicate that your recollection of events is unreliable, making it more difficult for the jury to believe your account.
Statements by Party-Opponent
In Maryland civil cases, the Rules of Evidence prohibit the use of hearsay as evidence. Hearsay is defined as any statement made outside of the courtroom that is offered as proof of its truth. Recorded statements are considered hearsay because they are not made on the witness stand as part of a court case and are generally not admissible as evidence.
However, any statement made by a party to the case can be used against them in court. These statements, known as “statements by party-opponent,” are frequently used in civil cases to demonstrate fault, such as when someone says, “I’m sorry” or “I’ll pay for what I did” after an accident. A recorded statement is particularly compelling evidence because the court can hear the exact words used and interpret their meaning for themselves.
Should I Work with an Attorney Before Giving a Recorded Statement After a Car Accident in Maryland?
In the event of an accident, it is important to speak first with the first responders who arrive to assist you and then with a lawyer. Many accident victims believe that filing an insurance claim is the best way to address their injuries, particularly in car accidents. However, it is advisable to avoid speaking to any insurance representatives, whether it is your own insurance or the party responsible for the accident until you have a lawyer present.
There are numerous complex legal principles that govern statements made following an accident. While many people know of Miranda rights, which state that anything a person says can be used against them in court, these rights only apply to criminal cases. In civil cases, which are often filed following accidents, a set of rules and regulations allow statements to be used against the person who made them.
A personal injury lawyer can guide you on how to phrase your statements in a way that will not harm your case. Certain words or phrases could be interpreted as admitting fault, and this could weaken your claim. If a statement is recorded, it could be used as evidence against you and further harm your case.
To protect your rights, it is important to have a lawyer representing you. Insurance companies or other parties should not communicate with you about the case without your lawyer present. This can safeguard your interests in several ways, which we will explore below.
How to Recover Compensation After a Car Accident in Maryland
Maryland operates under a fault-based insurance system, which holds the responsible party in a car accident liable for the victim’s economic damages, such as medical bills and lost wages. To receive compensation, you can file a claim against the negligent driver’s liability insurance, but only if you can prove that they are at fault for the accident. Alternatively, you might file a claim with your own insurance provider for expenses not covered by the other driver’s insurance.
However, most victims find that a lawsuit is the best way to receive the full range of damages they are entitled to. This is because a lawsuit allows for recovery beyond just economic damages. In fact, a victim can seek non-economic damages, which include physical pain, emotional distress, and other subjective damages caused by their injuries. These damages are typically not included in the compensation provided through an insurance claim.
Our Maryland Car Accident Attorneys Can Help
For a free case review with our Baltimore car accident attorneys, call Rice, Murtha & Psoras at (410) 694-7291.