Finance Tips

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The recorded statement is a guarantee step in the claim investigation process.

Insurance adjusters will be calling you to ask if they can take your statement about the accident. Many people believe that they have to give these statements so the insurance company provides coverage for the loss. Most insurance companies have Cooperation Clauses in them, but none of them can require you to give a recorded statement in the event of a car accident.

You have the constitutional right to remain silent and to not testify against your own person. Even in murder trials, the right to no self incrimination is respected. The concept carries over to car accidents. No one can bound coverage and require you to be in a recording giving testimony of facts.

Taking a recorded statement is entirely voluntary. Do not let the insurance company tell you otherwise. If they tell you that the cooperation clause in your policy says that you must cooperate, then you can tell them that you will cooperate by giving a verbal statement (same statement just not recorded).

The cooperation clause is just that, a clause that requires you to help the insurance company’s investigation. It does not say that you have to do it under a recorded statement. If they are too pushy, then ask them to put their requirements on writing and verify what they are telling you against your actual policy.

Benefits v. Harms of a Recorded Statement

The benefit is that your insurance company will be able to better document your file. If there is a dispute about fault, and your case goes to arbitration, the arbitrator will probably look at a file with a recorded statement as having better evidence than a file without one. I have seen arbitrators decide that one person’s version of events was “more convincing” because she/he was willing to put their words in a recording.

The harms of giving a “bad recorded statement “could be many, delay in the investigation for something that you said that could bar coverage, complete denial of coverage, fault being construed against you, interpretation of your words against you, etc.

If you think that giving a recorded statement is the right thing to do, then consider only giving it to your own insurance company. If the other party’s insurance carrier asks for a recorded statement, have them contact your insurance company and “share” a copy of the tape. This way you only give one statement, and the people questioning you is your own insurance company (the one protecting your interests).

Here are the best 10 tips of what you should do before you give a recorded statement:

1. Make sure you have time to talk. Secure at least one hour of your time.

2. Make sure is time that work s for you and the adjuster’s. Do not do it before the adjuster’s lunch time. They will rush you to get out of the tape without giving you a chance to fully explain your point of view.

3. Have all the information available in front of you. For example, Names, streets, insurance polices, and the police report if possible.

4. Read your police before hand. This way you will know why the adjuster is asking what they are asking, and see if they are trying to find information to deny your claim.

5. Tell the adjuster that you are willing to give the statement only if they give you a transcription of what you said. Make sure you say this on the tape.

6. Remember that you can decline to answer any question for any reason at anytime. Just say it. I decline to answer for personal reasons.

7. Tell the adjuster that you will also record the conversation. This usually puts them in their best behavior.

8. Answer only what they asked you. If the question is what color is the light? then answer should be a color and nothing more.

9. If the question is subjective, decline to answer, tell them that you do not know, or simply just ask the adjuster what they are looking for specifically.

10. Be polite and respectful. If they are rude or anxious, the adjuster’s supervisor will probably side you. But if you are rude, your complaint will be dismissed.

Drive safe and hope that others will!

Life as a criminal defense lawyer is not easy when your job is basically to help those who are arrested of a crime. While some of the clients you meet are innocent, many of them are guilty and have had previous run-ins with the law.

Since the law dictates that everyone is innocent until proven guilty and you decided to specialize in this field, you have to defend this person by putting up the best defense there is available.

There are various strategies you can use to get your client off. You can plead insanity or claim that someone else did the crime. If your client has something to offer, you can make a deal with the district attorney in exchange for the client being granted immunity.

But before you decide what cards to play, you have to talk to your client. If this person is in jail, you have to go there and ask what happened.

You should already discuss whether to enter a guilty or not guilty plea because your client will be arraigned shortly.

When a trial date has been set, you can get a copy of the documents of the case from the district attorney’s office because by law, both sides are supposed to view everything from the police reports to the evidence.

You will also get a copy of the people the prosecution will be calling to the witness stand as they too will also be aware of that so there will be no surprises during trial.

When it is your turn to cross examine the witness, you should use whatever is available to cast doubt on their testimony because this is the only way that the jury may be convinced that your client is not capable of doing the crime. Using expert witnesses of your own is also helpful since they can dispute the claims of the other camp.

Before the jury will reach its verdict, you will have one last chance to state your client’s innocence when you are given the opportunity for your closing argument. When it is all over, you just have to wait for the decision of the court to take the next course of action.

Your client’s not guilty verdict means your job is done and you can move on and work with another client. A guilty verdict means you have to stay on as counsel for this individual and appeal the jury’s decision to a higher court so you can perhaps get a reversal.

The best way to win an appeal is to determine if there is something in the trial that shouldn’t have happened or was overlooked. These technicalities are better known as constitutional protections. For instance, the client’s confession was taken without the presence of a lawyer so whatever they said is inadmissible in court. The same goes if a search was done without a warrant.

There are many examples which you can use. You may even cite a case with similar circumstances because this serves as precedence to the one you are working on.

The life of a criminal defense lawyer is challenging no matter how many times you have been inside the court room. This is because you get to work with different clients each time since someone who was innocent can no longer be charged with the same offense because of the principle of double jeopardy.

When you are arrested for a crime, the only thing that can only help get out of a jam is with the help of a criminal defense lawyer. You can choose who wants to represent you which shouldn抰 be a problem if you have money but if you don抰, you will have to settle with whoever the court appoints for you. But for those who can hire one, here are a few tips to help you select a professional.

First, when you meet the criminal defense lawyer, you should ask how long has he or she been practicing criminal law and also how many cases did they win. Surely you don抰 want to work with a lawyer who is fresh out of college or has never won a case. You also don抰 want to work with someone who chooses to settle the matter out of court very often because you will probably get the shorter end of the stick when you decide to go for the plea bargain.

The more years of experience this person has, the better because this professional should already know the ins and outs of the judicial system.

That person may have already dealt with the prosecution in the past and knows how to get a winning verdict.

You should also check if the lawyer that is representing you is certified Criminal attorney. This will save you the time of asking how long this person has been in the practice because getting such recognition means you have actively participated in 100 cases involving the taking of testimony.

Naturally, you have to be comfortable with the criminal defense lawyer who will be representing you in the case. He or she should be able to give you updates like when is the trial, what strategy will be used during trial and other matters that may help make the outcome go in your favor.

Since you are already in your office, be sure that the criminal defense lawyer you are speaking with will be the one who will actually defending you and not handed over to another person in the firm.

Given that the practice of criminal defense work is their bread and butter, you should also discuss the fee arrangements. Some lawyers charge a flat fee while others do it on an hourly basis. It is better to get a flat fee so you are not charged every time you have to consult your lawyer over the phone or in person. You should also find out if this already covers the case should this go to trial.

While the criminal defense lawyer will do their share to maintain your innocence, you should also do your share so this can happen. You do this by cooperating with them so they will be able to come up with a good defense.

The best criminal defense lawyer to get is the one who is experienced. After all, a criminal trial may last weeks or even months before a verdict is reached. This may cost you a great amount of money but if you get a not guilty verdict from the jury, it is surely worth every penny so you can move on with your life instead of spending the rest of it behind bars.