Overview
Generally, you should be very cautious before giving a recorded statement to any insurance company, especially the other driver's insurer, before you have talked to a lawyer. These calls are often friendly in tone but are designed to gather statements that can later be used to minimize or deny your claim. You are usually not required to give a recorded statement to anyone other than your own insurer, and even then it helps to know your rights first.
Frequently Asked Questions
Should I give a recorded statement to the insurance company?
It is best to avoid giving a recorded statement to the other driver's insurance company until you have spoken with a lawyer, since anything you say can be used to reduce or deny your claim later. You typically do have some obligation to cooperate with your own insurer, but you can still ask that a lawyer be present or review your statement first.
What happens if I refuse to give a recorded statement?
Refusing to give a recorded statement to the other party's insurer will not usually hurt your claim, since you have no legal obligation to speak with them at all. You can simply say you are not comfortable giving a statement and refer them to your lawyer instead.
Why do insurance adjusters want a recorded statement so quickly?
Adjusters often call soon after an accident, while you may still be in pain, confused, or not yet aware of the full extent of your injuries, hoping you will downplay your symptoms or say something that limits their liability. Getting a statement early, before you have all the facts, works in their favor, not yours.
What should I say if an adjuster calls me?
It is fine to give basic facts like the date, location, and that a police report was filed, but avoid discussing injuries, fault, or accepting any settlement offer until you have had a chance to speak with a lawyer. You can always politely say you will call them back after getting advice.
Can what I say in a statement really hurt my case?
Yes. Even innocent comments, like saying you feel fine or are not sure what happened, can later be used to argue your injuries are not serious or that you were partly at fault. That is why it helps to have guidance before you say anything on the record.
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Get a Free Case Review →This page is for general informational purposes only and does not constitute legal advice. Laws vary by state and every case is different. Contact us to discuss the specific facts of your situation.
