I’m getting another case ready for trial where I have to explain honest and consistent statements given in good faith to the insurance company that their lawyer is not trying to take completely out of context to make them stand for something very different than I originally contemplated.
The answer, as always, is don’t give a recorded statement to the at-fault carrier. This rule should be followed in 98% of the cases I have prepared where a statement was given.
The insurance companies lure you in with the idea that “C’mon, you are a honest person. Can you just tell us what happened so we can help you?” It is a hard proposition to turn down. But, ultimately, if you are 100% honest you are still going to get a raw deal at trial because the insurance company is going to take those statements completely out of context, just like they do with you deposition testimony. (And, let’s be honest, we do it to defendants, too.)
The answer is avoid a recorded statement absent a law or other compelling reason.