INFORMATIONAL GUIDE, part 2

I. The first thing I suggest that you do, before you agree to give a recorded statement is: Ask the insurance company adjuster to disclose the liability limits of their insured.

The reason you want this information is to determine if the defendant had sufficient insurance to cover all the damages you incurred and you would be entitled to as a result of this collision. Normally, the insurance adjusters will
refuse to provide you with this information. If the insurance adjuster refuses to disclose this basic information, you need to ask yourself why should you give the insurance adjuster or the claims handler any information regarding your case, your injuries, your version of the events or access to all your medical records.

II. The second question to ask is: Can I obtain a recorded statement of your insured?

Fairness and equity dictate that if you are going to give a recorded statement, isn’t it fair game that the defendant, the person who caused the accident, also be required to give a recorded statement? It has been my experience that insurance adjusters unilaterally will refuse to allow their insureds to give recorded statements. Why would an insurance adjuster refuse to allow their insured to give a recorded statement? The answer is that they are afraid that what the defendant says will ultimately hurt their case, causing the insurance company to pay more money on the file. Remember, insurance companies make money selling insurance policies and collecting premiums not by paying claims, thus they work hard to avoid paying claims.

In Illinois, collecting money damages after a car accident case is difficult due to the fact that juries are stingy in awarding money damages. In addition, when you bring a lawsuit for personal injury, the insurance company will pry into your post-medical history and obtain your prior medical records. If you give a recorded statement to the claims processor or claims adjuster on the file and you forget certain things or misspeak about certain points, rest assured the insurance company will use that against you and that can damage your case and the chance for a full recovery.