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It depends on what state she is in. Some states require both parties to consent to the recording, while others have one party consent laws. Generally speaking, California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington are two party consent states. All others are one party consent states. Hope this helps.
SATX*APhi
For TX, the following applies....
Texas Penal Code § 16.02: So long as a wire, oral or electronic communication — including the radio portion of any cordless telephone call — is not recorded for a criminal or tortious purpose, anyone who is a party to the communication, or who has the consent of a party, can lawfully record the communication and disclose its contents.
Even though the recording was legal, it is doubtful that the recording would be used by the insurance company if they were pressured by a good attorney or another insurance company.
Your friend's insurance company should take care of the issue raised by the other driver's company. The fact that she said she was sorry in a phone conversation is a weak point, unless she also admitted some type of fault. Even then, she could say the conversation was held under duress, or that she was simply being polite. The accident investigation will carry the weight, not a recorded phone conversation.
Last edited by bethany1982; 04-25-2003 at 01:01 PM.
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