Dear friendly insurance adjuster:
Thank you for your recent letter requesting permission to take my injured client’s “recorded statement” regarding the accident your insured so carelessly caused. As a Central and Syracuse New York personal injury lawyer, I appreciate all communications with insurance adjusters that might help me resolve my clients’ claims. My response is a conditional “yes”. I will allow you to take my client’s recorded statement only if you allow me to take your insured’s recorded statement.
I really doubt, though, that you will agree to this absolutely fair proposal. I have proposed this same “swap” hundreds of times to many different insurance adjusters from all kinds of insurance companies, including yours. So far, no insurance adjuster has agreed to it. They all want to take, but not to give. Haven’t they ever learned that it is better to give than receive?
If I were to ask you why you want to take my client’s recorded statement, you would say (as all adjusters have always said since the mother of all adjusters first walked the planet) that this will help you “adjust” the claim, that is, figure out how much it is worth so you can settle it with me. (You would emphasis this last phrase). Gosh, that really makes me want to give you that recorded statement!
But the fact that you want a “recorded” statement rather than just an unrecorded conversation with my client indicates to me that you have other purposes. You want to “box in” my client so that your lawyers can later cross-examine him if his later testimony is even a little inconsistent with the recorded statement.
Even so, I really have no problem with this. I am not afraid of what my client might say, since he is an honest, injured client with a legitimate claim. What I do have a problem is the one-way street you insurance adjusters always pave. What’s good for the goose is good for the gander, right? Taking a statement from your insured, who caused my client’s injury, would also help me “adjust” the claim, that is, figure out how much we should be willing to take in settlement.
Don’t take this personally, but you insurance adjusters, though you are often fine people otherwise, have a blind spot for simple fairness.
I am hoping we can settle this case for a fair amount even without recorded statements. But if we can’t, I’ll see you in Court. In that arena, we will both get to hear the “recorded statements” (sworn testimony recorded by the Court reporter) of both your insured and my client. It will be a fair swap!
Email me at: email@example.com I’d love to hear from you!
Michael G. Bersani, Esq.
Central NY Personal Injury Lawyer
Michaels Bersani Kalabanka