Legal Question in Insurance Law in North Carolina
I was driving but I do not own the vehicle.
I was in an accident while driving a car I did not own. The other vehicle was at fault. I have injuries. The owner has spoken with the insurance agent and he's said a 'statement' from me will be needed for her to recieve payment for her car. Will this statement hender MY claim for injury/compensation? Should I make this statement as to how the accident occurred? How should this be handled?
1 Answer from Attorneys
Re: I was driving but I do not own the vehicle.
That's a bunch of issues. It seems that you have two interests: (1) helping your friend get paid for his car and (2) preserving and/or maximizing the recovery for your injuries. These two competing interests could result in a conflict. We really need more information to give a thorough answer. If your personal injuries are serious, you of course need appropriate medical treatment, and probably a lawyer. Giving a recorded statement to the "agent" (really "adjuster"?!) could assist in your friend getting paid for the car, but this somewhat odd as (1) they would usually get the basic information from the Crash Report and (2) they could get the info from their own driver. (I assume when you say "agent" you mean the representative from the other driver's insurance company.) But, it is conceivable that they need or want this information for some purpose, especially if the other driver is contesting the facts, which would of course be very good to know. As for the giving of a recorded interview, that is a judgment call. I would suggest of course being honest, and also somewhat careful. That statement could be used against you later. The insurance are generally fair in their interviews, so I would not anticipate any monkey-business. Just make sure you don't say something that is wrong or could be distorted regarding (a) the accident or (b) your injuries. I really do not see a compelling reason to not provide a recorded statement, but of course you may want to consult a lawyer.