After a car accident, it is common for an insurance adjuster to contact you and ask for a recorded statement about what happened. The adjuster may explain that it is simply a routine part of processing your claim. But before agreeing to be recorded, it is important to understand why the statement is being requested and which insurance company is asking for it.
A recorded statement is an interview in which an insurance adjuster asks questions about the accident, your injuries, your medical treatment, and sometimes your activities after the accident. Your answers become part of the insurance company’s claim file and can later be compared with your medical records and other evidence.
If the request comes from the other driver’s insurance company, you generally do not have a legal obligation to provide a recorded statement. Remember, that insurance company represents the interests of its insured—it does not represent you. Even an innocent or uncertain answer can potentially be taken out of context later. This can be especially true when the request comes immediately after the collision, before you have had an opportunity to speak to an attorney.
For example, immediately after an accident, you might say that you are “doing okay” because you are still experiencing adrenaline and have not yet realized the extent of your injuries. Days or weeks later, your symptoms may become more significant. That early statement could nevertheless become part of the insurer’s evaluation of your claim. Once the statement is made, it is part of their file and they can use it to show what you said immediately after the collision occurred. It can make statements later about you being injured seem inconsistent with the statement you gave immediately after the collision.
The situation can be different if the request comes from your own insurance company. Your insurance policy may require you to cooperate with your insurer when you make a claim, including certain claims involving uninsured or underinsured motorists. Before refusing to provide information to your own insurer, review your policy or speak with an attorney. Also, make sure to wait for your attorney to be on the line with you when you are giving the statement to your own insurance company.
The best approach is simple: before giving a recorded statement, find out which insurance company is calling and why. You do not have to make an important decision simply because an adjuster says the request is “routine.”
If you are unsure what to do, politely ask the adjuster to provide the request in writing and seek legal advice before giving a recorded statement.
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