SO THE INSURANCE ADJUSTER JUST CALLED YOU, ASKING FOR A RECORDED INTERVIEW. SHOULD I CALL HER BACK?
See round one of this issue at https://www.gunterinjurylaw.com/car-accident-insurance-adjuster-interviews-do-i-have-to-do-one/ for the inside scoop on whether you have to give an adjuster interview or not. And why you may want to give an adjuster interview, even though you don’t always have to.
Bottom Line is that you do not have to give a recorded interview to the other side’s insurance company. You do have to give an interview to your own insurance company if requested to do so. This is called the “duty to cooperate” provisions in your insurance contact. You don’t have a duty to cooperate with the other side’s insurance company.
Insurance adjusters can have over 100 claims on their case load. A Utah personal injury attorney helps guide you through the process.Are Recorded Adjuster Interviews Sometimes Not Admissible in Court?
Yes. Recorded adjuster interviews are not admissible in court if there taken within 15 days of being hurt or getting out of the hospital, unless they gave you a copy of the interview and you did not object.
The actual law is found at Utah Code Ann. 78B-5-813 (2018). That section reads:
78B-5-813. Statement of injured person — When inadmissible as evidence.
Except as otherwise provided in Sections 78B-5-812 through 78B-5-816, any statement, either written or oral, obtained from an injured person within 15 days of an occurrence or while the person is confined in a hospital or sanitarium as a result of injuries sustained in the occurrence, and which statement is obtained by a person whose interest is adverse or may become adverse to the injured person, except a peace officer, is not admissible as evidence in any civil proceeding brought by or against the injured person for damages sustained as a result of the occurrence, unless:
(1) a written verbatim copy of the statement has been left with the injured party at the time the statement was taken; and
(2) the statement has not been disavowed in writing within 15 days of the date of the statement or within 15 days after the date of the injured person’s initial discharge from the hospital or sanitarium in which the person has been confined, whichever date is later.
HIRE A UTAH PERSONAL INJURY ATTORNEY FOR THE BEST RESULTS.
Any serious Utah personal injury attorney will obtain copies of all adjuster interviews. There are normally two interviews. One from your insurance company and one from the other side’s insurance company. Sometimes in multiple car pileups, there can be more than two insurance adjuster interviews. Adjuster interviews are sometimes held back by the insurance companies stating they are Utah “work product” and therefore do not need to disclosed in the normal discovery process.
Additionally, your Utah personal injury lawyer should always be aware of adjuster interviews and the possible impeachment consequences at trial.
CALL UTAH PERSONAL INJURY ATTORNEY Jake Gunter for your free Utah car accident consultation. (801) 373-6345.