What Should I Do About Giving a Statement After I Was in a Serious Injury Auto Accident?
The law firm of Shorstein & Lasnetski, LLC often gets questions from individuals in Jacksonville and other places in Florida who have been injured in serious car or truck accidents and are uncertain as to whether they should, or are required to, give statements about the accident. We understand that the weeks following a serious injury accident are not a good time to give detailed statements to insurance adjusters or investigators hired by insurance companies and advise our clients accordingly. The weeks and months after a serious auto accident should be dedicated to healing, recovering and relying upon your personal injury or wrongful death lawyer to handle the many issues related to your claim for damages from the accident.
After a serious injury accident or one that results in the death of a loved one, there are a few situations when someone may attempt to obtain a statement from you. First, at the scene of the accident, the police officer who responds to the accident will likely ask you about the accident. In Florida, drivers who have been involved in an accident are protected by the accident report privilege which means any statement you give the police officer about the accident cannot be used against you in your personal injury lawsuit. As a result, when another person negligently causes an accident and injures you, it is a good idea to tell the responding police officer about what the other driver did and how that other driver caused the accident. It is also important to make sure the responding police officer knows about your injuries from the accident. Next, in a serious accident, an ambulance will likely show up to asses your injuries and take you to a hospital if necessary. The EMT will also likely ask you about the accident as well as your injuries. What you tell the EMT will likely be documented on the fire and rescue report and may be used in a personal injury lawsuit. The EMT's job is really to assess your injuries and get you to a hospital. As a result, in your post-accident condition, it is probably best to discuss your pain and injuries and leave out any details about the accident. The same considerations apply when you arrive at the emergency room, talk to the nurses, hospital staff and the doctors.
Shortly after an accident that results in injuries or a death to a loved one, an insurance adjuster or someone on behalf of the insurance company will contact you and ask you questions about the accident and your injuries. These people are trained to ask you specific questions in a certain way with the idea that the insurance companies are trying to pay as little money as possible on their insurance policies when the claim for personal injuries or wrongful death is made. At this point, it is important to consult a personal injury or wrongful death lawyer to make sure your rights are protected and you do not do anything to compromise your claim. For instance, you do not have to speak, or give a statement to, the other driver's insurance company. However, you do have to notify your own insurance company and give a statement to them pursuant to your uninsured motorist coverage. However, you should consult your personal injury or wrongful death attorney before giving a statement to anyone after the initial questioning from the police officer at the scene of the accident.
