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Narrator: Welcome to Peachtree Injury Talk with attorney Jordan Jewkes.
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Evan Mack: Welcome to Peachtree Injury Talk with attorney Jordan Jewkes.
Jordan Jewkes is committed to giving injury victims a voice and advocating for them against a system that often works against their best interests. With years of experience as a seasoned trial lawyer and former insurance defense attorney, Jordan uses his insider knowledge to fight for injury victims throughout Georgia.
Iām Evan Mack, and today weāre discussing how insurance companies use recorded statements to deny claims, and what you need to know before you speak.
Welcome, Jordan!
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| 00:35 |
Jordan Jewkes: Thanks, Evan! Iām glad to be here.
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Evan Mack: Great to have you! Todayās episode is called Recorded and Denied: How Insurance Companies Use Your Words Against You. Letās dive right into it.
To start, Jordan, can you explain what a recorded statement is and when insurance companies usually ask for one after a car accident?
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| 00:53 |
Jordan Jewkes: Sure, Evan. First, let me give some context. The primary goal of insurance companies is to minimize the value of your claim and, in some cases, deny it altogether. To do that, they need evidenceāphotos, police reports, and, of course, recorded statements from the parties involved in the accident. A recorded statement is simply a verbal account of the incident, often taken by the insurance company to build their file. In car accident cases, this usually involves statements from both drivers and potentially any witnesses.
The purpose of these statements is to gather evidence, so the insurance company can assess the claim and determine if theyāll approve it or deny it.
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| 02:17 |
Evan Mack: That makes sense. So, why are insurance companies so eager to get people on record so quickly? What are they really looking for?
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| 02:22 |
Jordan Jewkes: Great question. Insurance companies need to establish fault, which is their first priority. In a typical car accident, youāll have two driversāDriver A and Driver B. The police are usually called to the scene, and theyāll make an initial assessment of whoās at fault. However, that assessment isnāt binding for the insurance company. They conduct their own investigation and can make a different determination.
If it's unclear who is at faultāsay, if both drivers are pointing fingers or if the police report isn't conclusiveāthe insurance companies will use recorded statements to clarify the facts. This helps them figure out whoās responsible for the accident.
The second thing they look for is which coverage appliesāwhether thereās additional insurance involved, and then they look at the severity of the injuries to gauge potential exposure and liability.
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| 04:22 |
Evan Mack: That makes sense. Now, what are some common mistakes people make when giving a recorded statement that could end up hurting their claim later?
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| 04:32 |
Jordan Jewkes: The biggest mistake people make is giving a recorded statement to the other partyās insurance company. Even if you feel confident about what happened, it usually does more harm than good. The fact that itās recorded means it can be used against you laterāespecially in court.
If someone came to me after an accident, Iād tell them right away: Donāt speak to the other driverās insurance company without consulting an attorney first. This is similar to how people are read their Miranda rights when arrested: Anything you say can and will be used against you.
Insurance companies want to catch people saying things like, "Iām sorry this happened", or "I think it was partially my fault." These kinds of statements can seem harmless at the time but can be used against you later, especially if you change your story or develop more serious injuries after the fact. For example, you might say you felt fine right after the accident, but then a few days later youāre dealing with back pain or discover you have a herniated disc. That initial statement could be used to challenge your injury claims later on.
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| 07:04 |
Evan Mack: Wow, can an innocent comment, like āI feel fineā or āI didnāt see the other car,ā really hurt someone in court or in settlement negotiations?
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| 07:13 |
Jordan Jewkes: Absolutely. In legal terms, words matter. And credibility matters. What you say early on can be held against you, even much later in the process. If you make a statement to the opposing insurance company, they can use it in court. So itās important to be very cautious. Having an attorney who can guide you through this process is crucial. You want to make sure youāre not unintentionally hurting your case.
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| 08:09 |
Evan Mack: So, if an insurance adjuster calls and asks for a recorded statement before someoneās had a chance to speak to a lawyer, what should they do?
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| 08:17 |
Jordan Jewkes: The first thing they should do is ask to speak to an attorney. I always recommend that my clients not give a statement until theyāve had the chance to consult with me.
Now, if itās your own insurance company, the situation is a little different. Most policies require you to cooperate, which includes giving a statement if asked. However, you can always request to speak with an attorney before doing so. You can schedule that statement for a later date, usually within 30 days, giving you time to get proper legal advice.
On the other hand, if itās the other driverās insurance company calling, you donāt have to give a statement at all. You have every right to tell them, āIām not speaking to you until Iāve consulted with my attorney.ā
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| 09:50 |
Evan Mack: Are there any legal requirements that force you to provide a recorded statement? And does it make a difference if itās your insurance company versus the other driverās?
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| 10:00 |
Jordan Jewkes: Legally, you donāt have to provide a recorded statement to the other driverās insurance company. Itās entirely voluntary. If you refuse, it might delay the process, but they canāt legally force you to give it.
However, with your own insurance company, itās different. While the law doesnāt require you to provide a recorded statement, your policy likely does. Refusing to cooperate could lead to your insurance company denying your claim or even canceling your coverage. So if you want to maintain coverage and continue with your claim, youāll need to provide the statement.
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| 11:38 |
Evan Mack: How do you, as an attorney, protect your clients during this process or respond when a damaging statement has already been made?
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| 11:47 |
Jordan Jewkes: That's what we do every day. If a client has already given a damaging statement, the first thing we do is request a copy of the transcript from the insurance company. Once we have it, we review it carefully and, if necessary, provide additional clarification or context to address any inconsistencies or errors.
Weāve seen this happen countless timesāclients initially say āI feel fineā right after the wreck, but later find out they have more serious injuries. We can usually fix the narrative by explaining that injuries donāt always show up immediately. Most people understand that true injuries can take time to manifest.
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| 13:58 |
Evan Mack: Jordan, do you have a real case you can recall where a recorded statement either helped or hurt a clientās case?
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| 14:08 |
Jordan Jewkes: It happens regularly. The truth is, if insurance companies operated in good faith, theyād be focused on helping victims recover, paying medical bills, and providing fair settlements. But thatās not how they usually operate. They often focus on closing claims quickly to minimize their costs. And that's where things get tricky for claimants.
For example, Iāve had clients who thought their injuries would go away in a few days, so they gave a recorded statement saying they felt fine. But then, weeks later, their condition worsens, and theyāre referred to a specialist. Unfortunately, the insurance company holds them to that initial statement, offering a minimal settlement based on what was said early on.
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| 16:09 |
Evan Mack: Finally, Jordan, whatās your best advice for someone whoās just been in an accident and wants to make sure they donāt say the wrong thing or miss anything important?
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| 16:21 |
Jordan Jewkes: Be kind and compassionate, but donāt admit fault. Itās okay to say, āIām sorry this happened,ā but donāt make any statements about being at fault or claiming youāre fine unless youāre 100% sure. When the insurance calls start, be cautious about giving a recorded statement. Remember, these conversations can be recorded and used against you later.
Itās important to be diligent, stay honest, and engage a lawyer as soon as possible. The sooner we can step in, the better we can help you get the treatment you need and protect your interests.
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| 17:42 |
Evan Mack: Thanks, Jordan, for all the great advice today!
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| 17:45 |
Jordan Jewkes: Anytime, Evan! Itās always a pleasure.
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| 17:48 |
Evan Mack: And thank you all for tuning in to Peachtree Injury Talk with Jordan Jewkes. To connect with Jordan and his team, visit jewkesfirm.com. Donāt forget to like, subscribe, and leave a review. See you next time!
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| 18:07 |
Narrator: Thanks for watching. Be sure to hit that like and subscribe button and leave us a review in the comments.
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