Statements to the Insurance Company
Insurance companies will frequently ask you to give a recorded statement when there is a premises liability claim although the same requests frequently arise in the context of and Atlanta car accident injury case. The adjuster will make contact after the injury and explain that it is standard procedure for them to need 1) a recorded statement and 2) a Medical Release so they can gather your records. This seems normal enough right? Wrong.
First you should understand that you have no duty whatsoever to provide these things. The insurance company will often send letters to you after a car crash stating that they will "close their file" if you do not make contact and give a statement. You may totally ignore these tactics by Atlanta car insurance companies.
Why shouldn't I give a statement you may ask. The answer is that they are trained in how to get tacit admissions out of you with trick questions. For example if you assume the speed limit was 35 miles per hour, they may ask:
Q: and were you traveling around the speed limit?
A:Yes.
Q: So you were going around 45 miles per hour?
A: I guess so.
They may also try to get you to admit that you did not do anything to avoid the collision, even if there was nothing you could have done. Adjusters are trained to conduct these interviews and to secure testimony that makes it less likely that their driver is to blame.
In the context of slip and fall cases, the main goal is to get the injured person to admit that they do not know what they fell on. For example if you had fallen on liquid, but you were not sure what it was, they would ask:
Q: So you don't know what you fell on do you?
A: Not really.
When the litigation begins later, they will pin you to that statement and under Georgia Slip and Fall law, if the Plaintiff cannot state what they fell on, then the store is entitled to get out of the case on a Motion for Summary Judgment.
See Grinold v. Farist 284 Ga.App. 120 (2007);
What about the Medical Release? That seems like a fair request. Wrong. Insurance companies in Georgia will use that release to collect every medical record for your from the previous five years and they will not provide you with copies. The purpose of the records is to try and establish that you had a pre-existing condition. Never ever give a medical release to the insurance company as it can only hurt your case.
First you should understand that you have no duty whatsoever to provide these things. The insurance company will often send letters to you after a car crash stating that they will "close their file" if you do not make contact and give a statement. You may totally ignore these tactics by Atlanta car insurance companies.
Why shouldn't I give a statement you may ask. The answer is that they are trained in how to get tacit admissions out of you with trick questions. For example if you assume the speed limit was 35 miles per hour, they may ask:
Q: and were you traveling around the speed limit?
A:Yes.
Q: So you were going around 45 miles per hour?
A: I guess so.
They may also try to get you to admit that you did not do anything to avoid the collision, even if there was nothing you could have done. Adjusters are trained to conduct these interviews and to secure testimony that makes it less likely that their driver is to blame.
In the context of slip and fall cases, the main goal is to get the injured person to admit that they do not know what they fell on. For example if you had fallen on liquid, but you were not sure what it was, they would ask:
Q: So you don't know what you fell on do you?
A: Not really.
When the litigation begins later, they will pin you to that statement and under Georgia Slip and Fall law, if the Plaintiff cannot state what they fell on, then the store is entitled to get out of the case on a Motion for Summary Judgment.
See Grinold v. Farist 284 Ga.App. 120 (2007);
What about the Medical Release? That seems like a fair request. Wrong. Insurance companies in Georgia will use that release to collect every medical record for your from the previous five years and they will not provide you with copies. The purpose of the records is to try and establish that you had a pre-existing condition. Never ever give a medical release to the insurance company as it can only hurt your case.