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Do only dishonest people refuse to give a recorded statement?

Steve Lombardi
Steve Lombardi
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Posted by Steve LombardiOctober 06, 2009 10:47 AM
Tags: Legal Questions, personal injury, client, attorney, relations, depositions, interrogatories, interview, legal, case, legal advice, consultation, Lombardi, Iowa
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Why does the insurance adjuster want to take my statement?

Adjusting claims isn’t about being fair – it’s about paying less. I this post I'll prove to you adjusting claims isn’t about being fair. And my guess is adjusters agree.

Assumption #1: The insurance company is on my side.

Adjusting claims isn’t about being fair – it’s about paying less and no, not even the aduster from your own car insurance company is on your side; I don't care what the commercial says. In case you need a reminder here is a commercial about being "on your side."



Okay, let's get back to reality. There are two reasons for wanting to take your statement and neither is in your best interest.

Insurance adjuster talk to those filing claims for two reasons and only two reasons.

Reason 1. See if they can get you to say something that gives them a reason to deny your claim.

Reason 2. See if they can get you to say something that allows them to pay you less than the law reasonably requires.

The adjuster get's bragging rights at the office if he does.

Am I correct there can only be two reasons (objectives) to talk to you? After 30 years I think I'm right. but how about if you try to prove me wrong?

Here is my proof: Name one adjuster, who has ever said to someone filing a claim,

Adjuster: “How much do you want to settle your claim?"

Claimant: “Well, how about a $1,000.00 for the pain and suffering?”

Adjuster: “A $1,000.00? No I can’t pay you that much, it wouldn’t be fair. You’re entitled to more than what you’ve asked me to pay you. How about if I pay you more than you asked for, would you accept more?”

Okay Taser guy this is your chance to beat me in an argument. Just find me a place on one insurance company website that tells those who are injured by their insured that the value of their wage loss, time, pain/suffering is worth more or that the quality of life has any value whatsoever. In fact find me one insurance company website that tells you what categories of damages the law in your state allows for compensation. Get going Taser guy it's a big world out there.

Assumption #2: I’m an honest person and the adjuster will see that after talking to me and treat me with respect.

"I won't need a lawyer, because I'll be honest with the adjuster and they will see that and be honest with me."

After a car accident, for the most part many people start off thinking that being fair and honest will carry the day. Most people’s definition of fairness and honesty has to do with talking long and telling it all and then the insurance benefit engine will start up and the claim will miraculously get settled. That’s because many people believe that honesty is something missing from the insurance-legal system. They think lawyers lie and cheat for their clients and ultimately steal from the insurance companies. You can think that if you want to, but it’s simply not true.

THE NAÏVE PERSON BELIEVES THEY ARE THE FIRST HONEST PERSON TO EVER FILE A CLAIM

The naïve person thinks that after an accident they are the first honest person to ever enter the insurance system. And they think they being different, honest, will carry the day. Again, their understanding of being honest is simply to tell it all and the system will bend over backwards at the prospect of finally there is an honest person making an insurance claim.

FROM THE ANNALS OF INSURANCE HISTORY: “Oh my! My fellow adjusters, I’ve just spoken on the phone with the first honest person in the history of insurance!” October 2009

Is this you? Is this what you think because of how you've been brain washed by those yelling for tort reform? Okay, I thought so; now keep that thought in mind because later on you'll need to rethink it too.

Remember the Gong Show? Can you hear the gong that gets pounded every time a bad act is done? At this moment in your new found legal career of handling your own claim you should hear it loud and clear. (A lawyer representing themselves has a fool for a client.)

GONG! YOU'VE BEEN GONGED!!! AND IT’S BECAUSE YOUR ACT STINKS.

Remember that even Steve Martin was gonged. Here he is playing Foggy Mountain Breakdown, sort of what you're in when you control your own case.



Your assumptions are all wrong. You need a new perspective. Like anything in life there are bad lawyers just like there are bad landscapers. But not all lawyers are bad just because there is one bad one. Remember, even the rich run to lawyers after a car accident. Oops sorry! I wasn't supposed to tell you that.

Lawyers lose their licenses for lying and cheating. Clients go to jail. Adjusting claims isn’t about being fair – it’s about paying less.

Assumption #3: I can’t refuse to give a “recorded” statement.

There is nothing wrong with refusing to give a recorded statement to the opposing adjuster. If your lawyer says to do it then do it, but while unrepresented it is perfectly fine to decline such an invitation by the adjuster for the other guy's insurance company. Simply say that until you are represented you would rather not give a recorded statement. If the adjuster insists or implies that by refusing to do so you are admitting fault or acting suspicious, then you have your marching orders to hire a lawyer.

FROM THE ANNALS OF INSURANCE HISTORY: Did you know when adjusters are involved in a car accident, like the rich and famous, they too hire personal injury lawyers?

Many people believe being honest is the best policy and so when pressed they will accept the insurance adjuster's firm offer (demand) to submit to a recorded statement, because to do otherwise may appear dishonest. This is a trick they are taught. Honesty has nothing to do with declining this invitation until you are represented and have an opportunity to be prepared by a lawyer to do it in a way that doesn't prejudice your claim. People use words in lay conversation that if used in a legal contexts have a completely different meaning. A professional adjuster knows how and when to cut you off from explaining what you've just said before he turned on the recorder; allowing him to create a false impression that you did not explain something you said, therefore the false impression must be true. Until a lay person understands how false impressions can be created through questioning by highly skilled and trained insurance adjusters, they are at a big disadvantage. And remember, once you give a false impression because you used the wrong words or failed to take control of the process and explain what you meant, a later explanation will always ring hollow.

So my advice is simple, turn down the offer that is coming to allow a recorded statement and get a lawyer. And it should be a lawyer familiar with the process who knows how to teach you to understand the pitfalls of the process. That's enough for todays lesson. Has the Taser guy found an example where the insurance industry tells all about the guy who they paid more too? I didn't think so.

I’ve covered this in previous posts, which you may find useful.

Insurance adjusters and the recorded statement. | InjuryBoard Des ...

... Insurance adjusters and the recorded statement. ... Believe it or not you can decline to give a recorded statement. There is no law ...

"I won't need a lawyer, because I'll be honest with the adjuster ...

... Here I can prove to you adjusting claims isn’t about being fair. Let’s begin with the recorded statement. You asked me this question: ...

Solving Legal Problems, Being a Client, Back to the Basics ...

... 7. Should I give the insurance company a recorded statement? One more thing, we could use another attorney to join in writing on the seventh day. ...

Why does the insurance adjuster want to take my statement ...

- 5:11am

Welcome to the Lombardi Law Firm website. Being prepared isn't the same ...
www.lombardilaw.com/.../why-does-the-insurance-adjuster-want-to-take-my-statement.

Here on the Injuryboard we are covering commonly asked questions that clients ask. Read the works from Rich Shapiro, Pierce Egerton, Mike Bryant, Devon Glass and myself, Steve Lombardi. The titles in this series are listed below.

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant | September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons | 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009

What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Interrogatories: A Written Deposition , Devon Glass, September 30, 2009

How Do You Value Your Case? Mike Bryant October 03, 2009 9:29 AM

Demystifying Injury Litigation for Clients: What Are Interrogatories?, October 3, 2009, Rick Shapiro

13 Comments

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Brooks Schuelke
Posted by Brooks Schuelke
October 06, 2009 6:04 PM

Steve-

Great advice told like only you could tell it.

Brooks

Wayne ParsonsInjuryBoard Attorney Member
Posted by Wayne Parsons
October 09, 2009 3:59 AM

The latin phrase on the marble facades of the huge insurance company headquarters translates as "We accept your premuiums and deny your claims!" Your ability to explain the things that clients always want their attorneys to explain _ but never hear _ is appreciated. Boston, Des Moines - Honolulu. Every plaintiff can learn from this fun and true statement about the way it is!

Mike BryantInjuryBoard Attorney Member
Posted by Mike Bryant
October 09, 2009 7:50 AM

You hit it on the head as to what the adjuster's goals are, I have seen a number of claims ruined because people decided to participate in the weekly/monthly phone call with the adjuster on their own. I have also had the chance to read some of the letter's the unrepresented get, funny how often the law is misstated or just a little off. But, when they come into the system with the belief that everyone lies , I think the illogical insurance explanation seem to make sense. Very helpful information.

MC
Posted by MC
October 15, 2009 9:34 PM

All of this is untrue and grossly misleading. If you sign a contract you didn't read, who's fault is that? Honestly, someone else's? There is so much regulation and laws keeping Adjusters from pulling pranks like you speak of that any of this that goes on would be nipped immediatley by the insurance commissioner or BBB or law enforcement. Stop scaring ppl into atty's offices, because if you think atty's care more about these folks than insurance companies do, your naive, and thats a fact.

Steve LombardiInjuryBoard Attorney Member
Posted by Steve Lombardi
October 16, 2009 5:08 AM

MC: If what you say is true, why are you afraid to use your legal name? Which insurance company are you from? Are you that MC Hammer guy?

Mike BryantInjuryBoard Attorney Member
Posted by Mike Bryant
October 16, 2009 7:46 AM

MC- I sat through a statement my client gave yesterday, it was getting to the end and the independent adjuster looks at me and says "I don't know if you are going to let him answer this , but the company makes me ask this every time" What do you think the question was? Add that, for most of the interview the adjuster had been friendly, joking and had even started the meeting with "I'm going to ask you the following things". Interesting he left out what he would , coldly and calculatingly asked at the end.
He was there to minimize exposure and save money for the company that hired him. My job is to prove what they did wrong and to maximize my clients recovery. Economically, it seems clear where the client benefits, But, as for caring , read through Steve's posts and many others here at the IB, you will find items about ways to minimize claims, protect people and save lives. I know Insurance companies sometimes run commercials about those kind of things, but that way they save money. Wow, economically again seems to me it's clear where the consumer benefits.

MC
Posted by MC
October 16, 2009 8:34 AM

Yea I'm MC Hammer, I'm not taking the bait with that one guy sorry. Can you lawyers say with complete confidence you act ethically and honestly each and every time and never fabricate truths?? NO, you can't. You LIE and I know and you know it. There are bad apples out there, yes, insurance companies and lawyers both. But I am sure if you took a poll of Americans, and asked them who they think are more honest, they would not say they think Lawyers are. Truth hurts guys, sorry. This is because there are way more lawyers out there giving you all a bad name and spreding mis-truths, than there are adjusters. there are so many laws regulating insurance adjusters and only a fraction regulating lawyers, so don't insult intelligence of common folks and say that what you do is fight for them, you lie for money and profit off of other pain, and profit very generousley I may add. So how are you better than insurance companies? You misrepresent what insurance companies do and you know it.

MC
Posted by MC
October 16, 2009 8:37 AM

Also, without a RI how do we hold ppl accountable for making up claims and being dishonest? How do we find out what happend? How do we properly evaluate a claim if you don't let your client speak with us? Cmon guys , stop being so naive, you know as well as I do a great many of your clients are lying about thier injury or lying about even being in an accident at all. FACT, you know why? Because we bust them with SIU investigations.

Steve LombardiInjuryBoard Attorney Member
Posted by Steve Lombardi
October 16, 2009 10:07 AM

Hey MC Hammer: I was thinking about this on the way into the office this morning. The only thing misleading in that post are the jingles the insurance industry uses to increase the float. I admit to the possibility that I'm wrong. So take me up on it and prove I’m wrong. Are you in the promote-the-float business? This might shock you but I believe in most instances, a recorded statement is a wise investigative device. But that's where we diverge. You and the rest of the insurance industry want the interviewee unrepresented. And I can't agree with that; because for thirty years I've seen it abused. People answer your questions and if they don't tell you everything then it must be true it wasn't true then; and the defense lawyer calls them liars. Without representation they are outperformed by professional adjusters who know how to later make them look bad. Admit it. They are dammed if they do and dammed if they don't. It's a no-win situation for people filing insurance claims. Insurance adjusters are taught how to be slick with questions and to cut off answers that will hurt the person filing the claim. Sometimes every so slightly, other times more, but always in a way that the defense lawyers later exploit to the detriment of the injured person. And that injured person could be your mother, my mother or anyone's mother. If you say I'm wrong, then I’ll ask you to show me where you’ve ever paid anyone more money than they asked for. I rest my case. But before I do here is a present for you.



MC
Posted by MC
October 16, 2009 10:36 AM

More money is paid all the time to policyholders and claimants, I know that to be true whether or not you believe that. Its called customer service and companies do that constantly (paying OEM parts, rental, cause and orgin, etc,etc). American ppl by and large, agree with the fact that lawyers are only out for themselves and don't always act honestly, why do they think that? My point is that personal injury lawyers who get ppl money who are fabricating a loss or inflating a loss set a climate where all think that they are owed something that they are not. Everyone knows this and you won't admit it. Given that fact, how else are adjusters to determine what is truth and what is not with so much fraud out there, unless a RI is taken? Again, there are bad apples everywhere, my problem with these kind of posting is that they completley ignore that lawyers are equally to blame for causing this problem, you have to see that, you all have to. I also know for a fact that regulation, court precedent, etc etc keep adjusters from 'stiffing' it to a claimant, do you ppl honeslty think that this kind of unetchical behavior by ins companies are the norm? Not even close! the vast majority of ins companies are out to pay no more or no less than what is owed, just as most injured ppl are injured - it goes both ways here, that is my point. Now do I think that a sprained ankle is worth $50,000 in pain and suffering? No way, but attorney's seem to think so (along with the most ridiculous demands I see everyday for the smallest injury), and I suspect its not because they want thier client to be made whole, its because they want to line thier pockets and that of thier firms. Tell me I'm wrong here, I have conceded and faced facts, you ppl seem unwilling to.

Steve LombardiInjuryBoard Attorney Member
Posted by Steve Lombardi
October 16, 2009 11:02 AM

Hey Hammer, I'm back but this is it because I've got work to do. If I follow your argument it leads me to believe doctors are greedy for treating cancer patients, the pharmacist is as well for selling cancer treating drugs, the radiologist is too for making a good living off of exposing cancer and the hospitals are greedy sinners for making money from warehousing cancer patients. The police are greedy for being paid to stop crime and those running the penitentiary are as well. In other words you can’t get paid for doing something of a capitalist nature that the need is created by injury, death, crime or negligent act. Did I mention the undertakers? And what about insurance company CEO's getting paid bonuses generated by those thinking they might be injured? Are they greedy too? And adjusters; are they up for sainthood? Greedy or saints? I think you're jealous of the legal profession. Some of my most difficult personal injury clients have been adjusters who think your sprained ankle example is worth a million dollars. Have you ever had a claim? Did you forgo any claim for pain/suffering or reduced earning capacity? I didn't think so.

MC
Posted by MC
October 16, 2009 6:24 PM

Hey personal Injury Lawyer - you dodged the question and blew smoke and beat your chest, but really didn't tackle my points head on, or take accountability for that matter, you MUST be a good Lawyer!

Oh, and I sleep very well at night knowing I actually help plenty of people, and not at the expense of the little guy trying to run a small business and support his family. Can't really say the same for yourself can you? Too bad :(

Steve LombardiInjuryBoard Attorney Member
Posted by Steve Lombardi
October 16, 2009 6:54 PM

Hammer: Oh contrary to your opinion I am a small businessman; have been for over 30 years; helping not just the little guy, but the mothers, fathers, sisters, brothers, children, widows, widowers and orphans. We help the injured workers from being trampled by the Big Bad Insurance industry that plays “promote the float” at the expense of those who are injured while at work, driving or just being themselves. And guess what? I don't apologize for it. Have a good weekend.

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