Speaking to Insurance After a Slip and Fall Injury

Answer:

An individual recently called our law office regarding their slip and fall case. In the midst of talking to them and going over the facts of their case with them, they told us one story. When we contacted the insurance adjuster, they told a completely different story. When we challenged them, they said, “Well, we have a recording here.” They pushed play and played the recording of what the client had said. It is never, ever a good idea for a client to give a recorded statement to an insurance company before talking to a lawyer. It’s like starting a fire and then standing around and complaining because you’re choking on the smoke. At some point down the road, the statements that you make that are inconsistent with the theory of the case or are inconsistent with the injuries that you are claiming, could be used against you, whether before the case is filed or, in some cases, in litigation to impeach you or to you claim that you’re not being truthful, to challenge your veracity or your character for truthfulness. It is never a good idea just to fall and tell, even if you’re not at fault. Even if you know clearly there is no way that you are at fault, even if it’s your own insurance company, it’s not a good idea to give a recorded statement to an insurance company regarding your slip and fall case until you have spoken with a lawyer. The lawyer can instruct you as to what needs to be said and what does not need to be said. In fact, our office will get on the phone with you with the insurance company and curtail some of that information so that your claims and your rights concerning your slip and fall case here in Phoenix are protected.