I was struck by a car crossing a intersection. The drivers Insurance company wants me to give them a recorded statement. I'm still in the hospital. Should I wait until I get home or allow them to visit me in the hospital to take the statement ? They said that it is for my protection. I think the driver was drunk because the police had arrested him as the medics were taking me to the hospital. His insurance company told me not to worry about the medical bills, they will take care of everything once I give them a recorded statement. What should I do? They want to visit me ASAP. Thanks
2 Answers from Attorneys
The other side's insurance company is looking out for their best interest, not yours. Hire a lawyer, he can talk to the insurance company on your behalf.
Do not give the statement until you have consulted with your own lawyer! It is definitely NOT for your "protection." Maryland is a contributory negligence state, so the adjuster is looking for a fact that would allow him that 1% fault on your part to deny your claim. And if the other guy is at fault, they will end up paying your medical bills even if you don't give a statement. Many lawyers will visit with you at the hospital, if you make that request. But do not feel pressured or rushed by the drunk driver's insurance company, Maryland gives you a full three years to press your claim. That gives you time to recover fully (and you can't know what your damages are until you reach a point of maximum cure and a doctor releases you from care), and it gives the criminal system time to prosecute the driver if he was drunk. A conviction would greatly enhance your own claim.
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