I Was in an Accident and Arrested for DWI, Now My Insurance Co. Wants to Talk

Stephen H.: Hello. My name is Stephen Hamilton and I’m a board certified criminal defense attorney in Lubbock, Texas, practice in Lubbock and the surrounding areas and today’s video clip is what happens if you had an accident and you were arrested for DWI.

Stephen H.: One of the things that’s going to happen is if you’ve been involved in an accident, your insurance company or the insurance company of the other party, is going to try to contact you and schedule an interview. Now, how does that affect your criminal case? When you talk to an adjuster, one of the questions that they almost always are going to ask you is, “Were you drinking? How much did you have to drink? Give me the witnesses who were around you during that particular time. Do you feel you were intoxicated?”

Stephen H.: Even if you’re just talking to your adjuster to deal with, say for example, damage on your car, you have to know that these statements are oftentimes recorded and my experience is a district attorney’s office is going to try to get those recorded statements from your insurance agent.

Stephen H.: So any admissions that you make in trying to deal with the car accident such as, “Yes, I had been drinking.” “Yes, I drank too much.” “Yes, I shouldn’t have been driving,” can be used against you in a criminal case. If you’ve been arrested or if you have a DWI that involves an accident, don’t make any statements to anybody until you come in and sit down and visit with us. If we’re going to make a statement, we need to make it in my office so we can control who is recording it and limit any potential criminal liability.

Stephen H.: If you’ve had an accident, it’s imperative that you call me as soon as you can. Call me at my office. (806) 794-0394. I’m Stephen Hamilton and I hope you have a great day.

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