After an accident - Written statements, Recorded Statements, & Sworn Statements

After an accident involving serious injury, or even wrongful death, especially in truck or car accidents, you can expect the insurance companies to be pounding on your door (not literally, of course!) and calling you all the time for a "statement." 

Be very careful about what you tell the insurance adjuster.    Especially if you don't have your own lawyer yet.

In fact, it is a good idea many times not to give a recorded statement at all.  Why?  Because the insurance adjuster may be asking you "trick" questions that will hurt your case later on. 

Even though the insurance adjuster may tell you he or she is just trying to "gather up some information" or "get enough information to settle your case," the reality is that most insurance adjusters in serious accident claims are there to try to "trick" you into saying things that will hurt your case.

One purpose of written, recorded, and sworn statements is to keep someone from "changing the story" later on.  The other purpose, of course, is to allow the insurance adjuster to twist your words into something you did not mean to be used against you at a later time. 

When an insurance company comes to you looking for a statement, a big reason is to try to trick you into saying things that will hurt your case.  The insurance adjuster are professionals at this sort of thing and have extensive training in taking statements from injured people. 

Do you want to know if the insurance company is trying to trick you? 

If you want to know if the insurance company is trying to trick you, ask them these questions and see what they say:

1.  Before you take my statements, will you admit liability and put it in writing, and have the insurance company sign the letter?

2.  Before you take my statement, will you promise to pay for all my medical care until I am 100% recovered, and will you put that promise in writing too?

3.  Before you take my statement, may I see a copy of your investigation file for this case?

4.  Before you take my statement, can I take a recorded or written statement from the person who hit my car?

5.  Before you take my statement, will you promise to settle my claim and send the settlement check within 30 days?

Most insurance adjuster will not answer these questions or follow-thru with the commitments in the questions.  That's because they are not really trying to help you or settle your case quickly or determine what's wrong with you so they can pay your claim.  They are trying to minimize what they owe you.

Don't fall victim to the insurance company traps. 

BP Texas City refinery, and other BP refineries, continue to be the nationa's deadliest

The Houston Chronicle has an interesting article about British Petroleum and its safety record in today's edition.

Even after killing 15 people and injuring hundreds in 2005 at its Texas City refinery, and pleading guilty to a felony as a result of its conduct leading up to that explosion, BP apparently has not learned its lesson.

According to the Houston Chronicle, since the 2005 explosion, BP's Texas City refinery  is still the nation's most dangerous. 

You can read the full article by clicking here.

For some reason, the federal government apparently believes that a $50 million dollar fine for BP's felonious conduct would be sufficient punishment.

(Tell that to the parents, siblings, and children of the 15 people killed in 2005 and the 4 people killed since then.)

Many safety focused attorneys have objected to the proposed fine as too lenient.  Why?

Simply put, it is too lenient.  A $50 million dollar fine for BP (which is worth billions) is like a fine of less than one penny for someone with ten dollars.  It's just not high enough to have any deterrent effect.  It doesn't register.

Rather than have a meaningless, arbitrary fine, that will have a minimal effect on BP's bottom line, some people have suggested that the fine should be tied in some way connected to BP's net worth or profits.  That is the only way for the fine to have any "bite" to it.  Otherwise, the fine is basically meaningless.

What do you think?  Feel free to comment below.