Providing A Recorded Statement To The Insurance Adjuster: What You Need To Know

After a car accident, you can expect to be contacted by the at-fault party's insurance company and may have to talk to a claims representative from your own insurer. You may be asked to give a recorded statement about what happened, but should you do it?

The short answer is no. A recorded statement usually will not help your claim and can be used against you. Insurance adjusters are not on your side and will try to convince you to enter a settlement that does not reflect the total monetary amount you're entitled to. They will use manipulative tactics to get you to say things that will hurt your claim. For example, if you say you didn't incur any injuries from the crash but start to notice symptoms later on, they can use your words against you to deny benefits.

If you are contacted by the insurance company for the other driver, you do not have to give a recorded statement. If you are asked, politely decline and explain that you would like to get legal advice first. Then contact a car accident lawyer.

Even when dealing with your own insurance company, it is best not to give a recorded statement without speaking to an attorney first. If your injuries are serious and you've filed a lawsuit, there is no purpose in giving a voluntary statement. Your statement will be given at a deposition with your attorney present to protect you.

Recorded statements rarely benefit car accident victims

You are not legally obligated to give a recorded statement to the insurance adjuster of the at-fault driver. If they ask, you can simply refuse to provide a statement or inform them that you will contact your lawyer. Even if you have nothing to hide, you could say something that hurts your case. For example, inconsistencies between your recorded statement and what you told the police or your doctor can be used to argue that you are not believable.

Additionally, the extent of your injuries may not be fully apparent yet, and you may unknowingly downplay your pain or the severity of your injuries. The insurance company will compare your statement with previous reports you've given and look for any inconsistencies. Even a tiny discrepancy can hurt your claim.

If your own insurance company asks for a recorded statement, you may be obligated to provide one per the terms of your policy. However, you are entitled to put off giving the statement until you are physically and mentally prepared and have consulted with an attorney.

Insurance adjusters can be manipulative and tricky

Insurance adjusters are not your friends. They are not on your side. They are paid to conclude claims speedily and at the bare minimum amount. They are hired by insurance companies to look into the claim and determine whether they need to pay for damages. They are trained to ask specific questions in specific ways and use various tricks to get claimants to say things that will hurt their claim.

Rushing you into a conversation

Insurance adjusters want to get a quick settlement. They often approach claimants hours after their initial accident, hoping to trap them into a conversation. They may try to offer a quick low-sum settlement in return for a release agreement. However, it can take days, weeks, and even months to experience symptoms of injuries related to an accident.

Using statements against you

Insurance adjusters are savvy with wordplay. They often start simple, friendly conversations to lure out superficial details in the heat of the moment. For example, they may ask how you're feeling. If you say "fine", they may use that against you in court. Remember, insurance adjusters want to pay out as little as possible.

Trying to get you to avoid a lawyer

Insurance adjusters don't like attorneys. They know that your attorney won't let them get away with any tricks or sneaky legal maneuvers. So, it's not uncommon for insurance adjusters to urge you to avoid lawyers and handle the claim alone. Research suggests that claim payouts are 40% higher for people who use attorneys.

Asking for authorisation to see your medical records

Your insurance company needs to see your medical records to verify that your injuries are real. However, insurance claims adjusters do not need to pore over your medical history. Unrelated past injuries can be used to discredit your current injury, so it's important to discuss medical record authorisation with your lawyer first.

Putting surveillance on you

Did you know that your insurance adjuster can legally put surveillance on you? In fact, they can put surveillance on the outside of your home! Chances are, your doctor gave you specific orders on activities to avoid due to your injury. If your insurance adjuster catches you disobeying these orders, they may use that against you in court. We’ve even seen insurance adjusters attempt to discredit injury victims because they didn’t “seem” injured enough.

Recorded statements can be used against you

Secondly, insurance companies will compare your recorded statement with other statements you've made, such as to the police or in a deposition to opposing counsel, looking for any inconsistencies that could hurt your case. Even if you don't intentionally tell a different version of events, it's easy for them to find small discrepancies, especially if you're in a disoriented or upset state of mind after the accident.

Thirdly, adjusters may try to rush you into giving a statement before you're fully aware of the extent of your injuries. For example, if you say "I'm fine" or "I felt fine" soon after the accident, they may use that against you later to deny benefits or downplay the severity of your injuries, even if you experience delayed symptoms.

Finally, recorded statements can be used in court, and any inconsistencies, discrepancies, or admissions of fault can be used to discredit your testimony. Therefore, it's essential to consult with a personal injury lawyer before providing any recorded statements to insurance adjusters.

Written statements are the best option

After a car accident, you will likely be contacted by an insurance adjuster who will ask you for a recorded statement about the accident. While this may sound harmless, it is not in your best interest to give a recorded statement. Instead, a written statement is the best option as it allows you to be precise and accurate in your response.

A written statement ensures that every word and fact is correct, whereas a recorded statement can be manipulated and used against you. Insurance adjusters are trained to ask specific questions to elicit responses that can weaken your claim. They may ask vague or tricky questions that you don't have definitive answers to, making you sound uncertain and unreliable. For example, they may ask about your medical history or whether you were taking any medication, and you are not required to answer these types of questions.

Additionally, recorded statements can be used to identify inconsistencies between your statement and other accounts of the accident, such as witness statements or police reports. They may also be used to downplay the severity of your injuries or justify limiting your compensation. For instance, if you say "I'm feeling fine" after the accident, it can be used as evidence that you weren't injured, even if you experience delayed symptoms.

By providing a written statement, you can take the time to prepare and ensure that your account is clear, accurate, and protects your legal rights. It is recommended to have an attorney review your written statement to ensure that you are not accidentally admitting fault or speculating about the cause of the accident.

In summary, a written statement allows you to control the information you provide, avoid tricky questions, and protect your claim. It is a more precise and careful approach than a recorded statement, which can be manipulated and used against you.

Consult a lawyer before providing any statement

If you've been in a car accident, it's normal to feel overwhelmed. You might be in shock, traumatized, and in pain. The last thing you need is to be pressured into giving a recorded statement to an insurance adjuster.

The role of an insurance adjuster is to investigate the accident, determine liability, and process your claim. While they may come across as friendly, they are not on your side. Their priority is to prevent insurance fraud, settle claims quickly, and for a low amount. They are trained to ask questions in a way that may make you inadvertently hurt your claim.

• To Understand Your Rights and Obligations: In most states, you are not legally required to provide a recorded statement to an insurance company, especially if they represent the other driver. A lawyer can explain your rights and obligations, so you know exactly what you need to do and say.
• To Protect Your Interests: A lawyer can handle communications with the insurance adjuster on your behalf, ensuring that your interests are protected. They can guide you on what to say and what not to say, so you don't inadvertently harm your claim.
• To Navigate the Complex Claims Process: The insurance claims process can be complex and challenging to navigate on your own. A skilled personal injury lawyer has the knowledge and expertise to guide you through the process, ensuring you don't make costly mistakes.
• To Get Fair Compensation: Insurance adjusters often try to settle claims for a low amount, taking advantage of your shock and stress. A lawyer can advocate for your best interests and help you secure the compensation you rightfully deserve.
• To Handle Negotiations: Lawyers are skilled negotiators who can effectively handle discussions with insurance adjusters. They know how to counter lowball offers and present compelling arguments to secure fair compensation for your injuries, medical expenses, lost wages, and other damages.
• To Provide Emotional Support: The aftermath of a car accident can be emotionally draining. A lawyer can provide you with the support and guidance you need during this difficult time, allowing you to focus on your recovery.

Remember, it is your right to consult a lawyer, and doing so can make a significant difference in the outcome of your claim. Don't let insurance companies pressure you into saying something that may be used against you. Protect yourself and your interests by seeking legal counsel first.

Frequently asked questions