Should I Provide a Statement To The Property Owner’s Insurance Company?

After an accident on someone else’s property, the property owner’s insurance company might ask you for a statement. It’s a moment filled with confusion and questions. Should you provide that statement? Will it help or hurt your case? At The Leach Firm, P.A., we understand how overwhelming this can be. Let’s go through these waters together, ensuring you’re making informed decisions that protect your interests, especially in states like Florida and Georgia, where laws such as comparative fault analysis add layers of complexity to your case.

Understanding the Request for a Statement

When an insurance company requests a statement after an incident on someone else’s property, it’s essential to understand the purpose and potential implications of this request. At first glance, providing a statement is a straightforward step toward resolving your claim. However, it’s crucial to approach this request with caution for several reasons:

• Assessment Tool: Insurance companies use your statement to gather information about the incident. This includes details about how the accident occurred, the extent of your injuries, and any damages. While this is part of the standard procedure, how you present your account can significantly impact the evaluation of your claim.
• Minimizing Payouts: Remember, the primary goal of the property owner’s insurance company is to minimize their financial exposure. They are in the business of managing risk and costs, and one way they do this is by looking for reasons to reduce the value of your claim or deny it altogether.
• Risk of Misinterpretation: Providing a statement without proper legal guidance can be risky. There’s always a chance that your words could be misinterpreted or taken out of context. Insurance adjusters are skilled in asking questions that might lead you to make statements that could be used to shift blame onto you, potentially affecting the outcome of your claim.
• Comparative Fault Concerns: In states like Florida and Georgia, where comparative fault analysis is used, any indication that you might have contributed to the accident can reduce the amount of compensation you might receive or even prevent recovery entirely. Even an offhand comment in your statement could be construed as an admission of fault.
• Legal Representation: It’s often in your best interest to consult with a personal injury lawyer before providing any statement to the insurance company. A lawyer can help you understand your rights and guide you on how to communicate effectively without jeopardizing your claim.

The Role of Comparative Fault in Florida and Georgia

In Florida and Georgia, the comparative fault rule affects how damages are awarded. If you inadvertently admit to any responsibility for the accident in your statement, it could significantly reduce your compensation. For example, if you’re found to be 20% at fault for not noticing a spill, your compensation could be reduced by that same percentage. If you are determined to be 50% or more to blame, then you lose the ability to recover completely. This makes understanding the impact of your statement critical before you proceed.

Should You Speak to the Insurance Company?

The short answer is: proceed with caution. Speaking with a personal injury attorney before providing any statement is generally advisable. An experienced lawyer can guide you on what information can and should be shared to protect your claim. Remember, once you’ve given a statement, taking back or correcting any information that could be used against you is challenging.

The Importance of Legal Representation

Having legal representation can make a significant difference in how you go through interactions with insurance companies. A knowledgeable attorney can communicate on your behalf, ensuring that your rights are protected and that you don’t unintentionally compromise your claim. They understand the intricacies of personal injury law in Florida and Georgia, including the nuances of comparative fault and how it affects your case.

Gathering Your Evidence

While deciding whether to provide a statement to the insurance company, gathering evidence independently is a good idea. This can include photos of the accident scene, witness statements, and medical records. Such evidence can be crucial in building a solid case, regardless of the insurance company’s requests for a statement.

Making Informed Decisions

Before providing any statement to an insurance company, consider all the potential impacts on your claim. The best course of action is to consult with a personal injury attorney who can advise you based on the specifics of your case and the laws in Florida and Georgia. This way, you ensure your rights are protected, and your claim remains strong.

Contact The Leach Firm, P.A. for Guidance

At The Leach Firm, P.A., we serve the people of Florida and Georgia with over 100 years of combined experience in fights against workplace discrimination, personal injury, and worker’s compensation cases. If you’re facing the dilemma of providing a statement to a property owner’s insurance company, let us help you overcome this critical step.

Call The Leach Firm at 844-722-7567 or contact us online for a free case evaluation with a seasoned lawyer in Florida or Georgia. We’re here to ensure you make informed decisions that protect your interests and help you secure the compensation you deserve.