Can the driver "take back" a confession

by Jenny
(New York)

I was a pedestrian crossing the street and hit by a car. An accident report was filled out and I was taken to the Emergency Room. The insurance company is now telling me that the man who hit me is saying that he didn't, and I have to take an "examination under oath." I don't understand... How is it possible that he can "take it back," when he very obviously made a statement at the scene, and I was taken off in a stretcher. Do I need a lawyer, or is this just protocol?

I need to go to a doctor to look at my knee, but now that the case is under investigation, I can't go, because I can't even imagine paying for it. Do you think this will take a long time. Do you have any advice?

Thank you!

Answer

Hello Jenny,

Taking back a statement can be done (just like he is doing), however, it will create a credibility issue for him. Unfortunately, the insurance company has a duty to “believe” their client, which means that if he changes the story, they must investigate and believe him, unless there is strong evidence of the contrary.

In your accident, sounds like there is a police report. There might be only looking for this declaration under oath so they can move forward (more evidence that the accident did happened and that you are indeed injured).

This is not standard however, usually declarations under oath happen when the insurance company believes the person taking the oath has something to hide (is lying). They should be taking their own clients declaration under oath saying that the accident did not happened. Sounds to me like you are the victim of an accident and now the insurance company might be playing a dirty game.

A declaration under oath is serious business, you need to talk to an attorney before you take it and you probably want to have your attorney with you there. Again, you can be “framed” into saying something so they blame the accident on you (place negligence on you).

Also remember that if you are injured, but do not go to the doctor, the insurance company will assume that you were not injured at all (people that are injured and hurt go to the doctor regardless of cost). They do this so you have gaps in treatment and can decrease any payment for pain and suffering.

Again, in your case, you really need to talk to a local attorney. Remember, their first consult is free and can really give you an inside of what truly is going on.

If you do not know any attorneys, find one here:

http://www.auto-insurance-claim-advice.com/find-a-lawyer.html

Good Luck