If you have been in an accident in Kentucky there are several items that will need your attention. As an accident victim you will need to see to your medical needs immediately. You will more than likely also need to deal with car repairs. Combine that with the anxiety you are experiencing because of the accident itself. One of the common myths about personal injury cases and how they proceed is whether you have to give a statement to the insurance company. Many people believe they have to and they have to exactly when the insurance says to, Not so.
There is no requirement in Kentucky that deems you have give the insurance company a statement after you have been in an accident. Your insurance company will need to know what happened, but this can wait. Do not give them a statement until at least a few days have passed after the accident or maybe even weeks or months. You need to let time pass to see if you are injured or how serious your injuries really are. This will give you a chance to collect your thoughts and harness your feelings. Many times you will feel fine right after the accident. You may not feel any pain until the next morning or even several days later. Should you give a statement immediately following the accident and state that you were not injured; this statement can damage and decrease the value of your case. Do not put yourself in this position.
The at-fault party's insurance company will call you and ask to take your statement or even call and just start asking you questions. They will be recording this statement. Do not give them a statement until you have an opportunity to speak with an experienced personal injury attorney. An attorney will take a look at your case and advise you as to whether it is in your best interest to give a statement. In some circumstance it is okay to give the statement. The insurance adjuster must have the information from your statement in order to process your claim and make an offer on your case. In other situations you should not give a statement at all or you should wait.
Even though it might be a good idea to give a statement you need to be prepared to give the statement. The adjuster takes statements on a daily basis. He does it professionally. It is part of his job. Some adjusters try to trap you or trick you with their questions in hopes of decreasing the value of your accident case. Make sure you are prepared before you give a statement. Take the time to sit down with an attorney and feel comfortable with the process of giving a statement. Put yourself on a level playing field. Anything you say can be used against you at a later time if a lawsuit is filed. If you say something different in a deposition or at trial the insurance company attorney will bring up the inconsistent statement you gave the adjuster. Don't fall for this trap.
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Michael A. Schafer is an attorney who concentrates his law practice in personal injury litigation in Louisville, Kentucky. He is the
author of "7 Potholes That Can Wreck Your Kentucky Accident Case" and "What You Don't Know About Buying
Car Insurance Can Hurt You".
