Follow the Advice of Virginia Truck Accident Attorneys: Don’t Let Insurers Trick You Into Recording a Statement
If you’ve recently been in a car accident with a commercial truck, you’re likely feeling shaken, confused, and overwhelmed. As stresses keep piling up from your injuries and time off work, the negligent party’s insurance company calls you—and asks for a recorded statement. What should you do?
As routine as it may sound, you need to weigh the consequences of this request carefully. Before going any further, consult with a Virginia truck accident lawyer who can clarify your situation. The Mottley Law Firm has years of experience protecting the rights and interests of our clients.
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First, Contact a Virginia Truck Accident Lawyer Right Away
After suffering an accident with a tractor-trailer or big rig, it’s perfectly understandable that you want some financial relief. The burden of medical bills and lost wages is weighing heavily on your mind. Even so, the only way to safeguard your legal right to fair compensation is to proceed with extreme caution.
If at all possible, you should avoid speaking directly with insurance adjusters. Instead, call the personal injury attorneys at The Mottley Law Firm for assistance. There’s no upfront cost to hiring our truck crash lawyers: we provide a free initial consultation, and we offer to work on a contingency fee basis. Unless we win your personal injury case, we won’t get paid.
In one case, we co-counseled a 54-year-old woman who was clipped by a semi-truck at high speed on the I-81. She suffered a traumatic brain injury. After almost a year and a half of litigation, the federal court jury awarded her $3.5 million in compensatory damages. The immense value of professional legal representation cannot be understated.
So as your official counsel, one of our first responsibilities is to let the insurance companies know you’ve secured legal representation. This gives you immediate peace of mind that you won’t have to deal with an insurance adjuster's heavy line of questioning while you’re recovering from your injuries.
Potential Dangers of Giving a Recorded Statement
Despite what an adjuster might say, you’re under no legal obligation to speak with the trucker’s insurance provider. Usually, the way that Virginia truck accident cases work is the two insurers communicate with one another. They determine who’s at fault and who’s liable for damages.
There are major risks to giving a recorded statement when insurance companies call. They’re trying to blame you for causing the truck accident. In that case, you may lose your right to compensation. To protect your interests, it’s crucial to secure the legal services of an experienced attorney.
If you do provide a recorded statement, Code of Virginia § 8.01-417 requires the insurer to provide you with a verified transcription within 30 days. If it’s a written statement, they must provide you with a copy right away.
The Insurer Is Trying to Reduce Its Responsibility
The reality is that insurance companies aren’t looking out for you. They’re in the business of turning a profit. They’re trying to catch you making a mistake after your crash so they can minimize liability. Along with offering a lowball quick settlement, they may use a recorded statement to trap you into admitting fault, which is why the questions often asked about the semi-truck accident are purposely confusing.
Beware the Contributory Negligence Doctrine in Virginia
Many other states observe the doctrine of comparative negligence. Entitlement to recovering damages is proportional to the amount of fault. By contrast, Virginia observes the doctrine of contributory negligence. If you’re to blame for causing the accident at all, you lose the right to receive any compensation for your injuries and losses.
If the commercial truck driver is mostly to blame, but not completely to blame for the accident, you may not get any money at all. This is why insurance companies are trying to pin at least partial fault on you. Notably, failing to wear a seatbelt isn't enough to do that, but speeding or failure to signal could be enough in some cases.
How to Avoid Problems With Your Semi-Truck Injury Claim
Dealing with a truck accident claim while you’re still recovering from the incident is a harrowing time. Follow these tips to improve your chances of a positive outcome so you can get on with your life:
- Refuse to provide a statement until after you’ve consulted with your Virginia truck accident lawyer at The Mottley Law Firm.
- Prepare a written statement with your attorney rather than providing a recorded oral statement.
- Stick only to the basic facts of the accident and avoid any conjecture about why it happened.
- Don’t answer any questions where you’re unsure.
- Don’t sign a medical release form until you’ve asked your lawyer about it.
- Don’t downplay any of your injuries, as symptoms can worsen over time.
- File your claim within the Virginia statute of limitations of two years.
- Never say you’re sorry or anything else that may be misinterpreted as admitting fault.
