If you have been in an accident or suffered a work injury in Wisconsin, you should expect that an insurance agent will be calling or dropping by unannounced to take your recorded statement. If the agent has caught you off guard, do not be afraid to politely explain that it is not a good time to talk. Even though you may want to cooperate and feel as though you have nothing to hide, you need time to mentally prepare.
The first thing you should consider is whether you are going to give a statement at all. It is important to remember that you do not need to cooperate with every insurance agent who calls. Rarely is it a good idea to talk to the insurance agent for the at-fault party, but you may have a duty to be interviewed by your own insurance company. Before talking to any agent or signing any documents, call an attorney for advice.
If it is in your best interest to give a recorded statement:
Take time to think.
When giving statements, many people provide poor estimates of direction, speed, and time. These are very important factors and giving inaccurate information really can hurt you. Take the time to think about what happened in the accident. These are the types of questions you might be asked:
What direction were you traveling?
How fast?
How do you know how fast you were going?
What is the speed limit?
Did you use your blinker?
What caused you to fall?
What shoes were you wearing?
Where did you cross the road?
What did you see?
How did you react?
What did you hear?
What did you say?
Try to recall what happened to your body.
If you may have been injured, it is not just the facts of the accident that are important. Ask yourself:
What moved?
What direction did it move?
How fast did it move?
Did your body hit anything (the steering wheel, the table, the concrete . . .)
What hurt?
Did you have any evidence of injury, such as blood, swelling, or bruising?
Be prepared to talk about all of your new aches, injuries, and limitations.
Immediately after an accident, many people do not realize that they have been injured. Once the initial shock and adrenaline wear off, it is normal to focus on whatever is hurting the most. Often pain medications temporarily mask other injuries. Try to delay giving the statement until you have had enough time for your body to settle in after the accident.
Take the time to think about everything that is or was different since the accident. Maybe you have pain, stiffness, or your range of motion is limited. Many injuries improve within days, but that is not always the case.
Even though you hope it will go away, if you do not mention a seemingly minor injury (such as “tweaking” your knee), then you will have a difficult time convincing anyone a couple of weeks later that you suffered any injury.
Think about how your new aches and pains are different from anything you might have had in the past.
If you are asked about your medical history, you should not be dishonest. If you had prior problems to any of the same body parts you injured in this accident, it would be most helpful if you were able to explain what is different this time. For example:
Is the pain in a different area—no matter how slight?
Was it dull before and now it is sharp?
Is it more intense or frequent?
Does it last longer?
Was it tolerable in the past and now it keeps you awake at night?
Are you having to take pain medications regularly?
Had you been pain free for many years?
Take some time to recall what you have already said.
If you cannot review other statements you have already given, (such as to the police officer, the doctor, and your supervisor at work), at least think about how you have already described the accident and injuries. Any inconsistencies could be used to discredit you.
Be prepared to stay on your toes the entire time.
Remember that it will not just be a friendly conversation. Assume that the agent is not taking your statement to help you. Everything you say may be used to hurt your case. If you treat the interview like a casual conversation with friends, you may say things that are not completely accurate.
Think before giving every single answer.
There are no prizes for getting done as quickly as possible. Take as long as you want.
Tell the truth.
Do not guess. Do not exaggerate. Do not minimize (such as saying you are “fine” or “better” if you are not completely fine or better). Do not agree just because the adjuster sounded like she knew what she was talking about.
Make certain you know what is being asked.
Ask for clarification if you do not understand a question. Ask for a question to be repeated if you did not hear. Don’t answer ambiguous questions. If you are interrupted before completing your answer, ask to finish your response.
Do not volunteer information.
Just answer the questions that are asked. You will have plenty of time to tell your entire story.
