The best answer here is: it depends.
Generally, recorded statements are not a good idea. The reason is that the more times you describe an accident, particularly with time in between the statements, you more likely you are to have differences in your recollection and this could be used against you. Thus, as a general matter, you only want to give recorded statements that are REQUIRED. The issue then becomes when is a statement required. Before a lawsuit, you may be required to give a recorded statement when you are making some form of “first party” claim. A first party insurance claim generally refers to a situation where you are in privity (privity meaning you are in contract with the insurance company) with the insurance company but there can be other situations where you are considered first party where you are seeking first party benefits bbut are not in direct privity. The easiest example is in a car accident, your policy generally requires you to give a recorded statement. In fact, the insurance policy may also require you to give an examination under oath (EUO), which is a sworn statement and similar to a deposition without a pending law suit. It is important to note that you are allowed to have a lawyer present and to be prepared by the lawyer. Generally, the insurance company that you are making a claim against is not entitled to a recorded statement, before suit. Obviously, once a lawsuit is filed, they are entitled to a deposition.
Please call the law firm today for a free consultation for any accident case, whether a car accident, premises liability, slip and fall, trip and fall or otherwise. Drucker Law Offices has offices in Boca Raton (principal office), and satellite offices in Coral Springs, Miami, Boynton Beach, Lake Worth and West Palm Beach. The law firm phone numbers are 561-483-9199 in Palm Beach County or 954-755-2120 in Broward County or 305-981-1561 in Miami-Dade County.
Every case is unique and should be judged based on its specific facts. The legal discussion in this blog is intended to be general and should not specific advice for a case or more importantly for your case. The goal of the blog is to give some information about a topic and to have you call the law firm for specific advice, if we were to take your case. A slight difference in the facts of the case could completely change the result. Also, this blog is based on the laws of Florida and the laws of any other states or country are not considered in this blog.
