Jeffrey Wade
After a car accident, insurance companies often request recorded statements from those involved. While this may seem harmless, these statements can significantly impact your claim. They are legally binding and can be used as evidence against you. It is therefore important to understand your rights and how to maximize your compensation. In most cases, it is better to supply a written account of the accident to ensure every word and fact is correct. However, if you do provide a recorded statement, it is recommended to have an attorney present or on the phone with you.
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What You'll Learn
Recorded statements can be used to undermine your claim
Additionally, insurance companies may use your statement to argue that your injuries are less severe than claimed. For example, if you say "I'm just a bit sore," this could be used to downplay the seriousness of your injuries later on. They may also use your statement to pressure you into accepting a lowball settlement offer.
Insurance companies often rely on a claimant's lack of awareness to push for statements, hoping to use your words against you later. They may present the request as a routine part of the process, but their primary goal is to protect their financial interests by minimizing the payout on your claim. It is important to recognize this inherent conflict of interest and to know your rights before providing a recorded statement.
While it may seem harmless to give a recorded statement, it is not in your best interest to do so. Even if you are obligated to provide a statement to your own insurance company, you have the right to postpone until you have consulted with a personal injury attorney. They can help you prepare your statement, sticking to the basic facts of what happened and ensuring you do not include any information that the insurance company could use against you.
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You are not obligated to provide a statement to the other driver's insurance company
After a car accident, it is standard practice to receive a call from the other driver's insurance company. However, you are not legally obligated to speak with a third-party insurance company following an auto accident. You are also not required to provide a recorded statement to the other driver's insurance company.
The adjuster from the at-fault driver's insurance company will ask for a recorded statement to help them gather evidence, but this is not for your benefit, but theirs. They want you to mess up and say the wrong thing. During a recorded statement, an insurance representative will ask carefully crafted questions designed to trip you up. Their goal is to accomplish at least one of the following:
- Get you to admit to being distracted before the accident
- Persuade you to apologize or admit fault for the accident
- Make you second-guess what happened in the accident
- Provoke you to make statements about your injuries that minimize them
- Lock you into a version of events that gives them an advantage
- Extract statements from you that differ from the police report
If the insurance adjuster keeps calling or emailing you, remain calm and politely decline to answer their questions. You can provide your attorney's contact information and ask the adjuster to contact your insurance company if they need more information about the accident. You can also let the adjuster know that you're thinking about turning your claim over to an attorney, especially if the calls/emails don't stop. It's important to remember that the other driver's insurance company is not on your side and is looking for statements they can use to downplay the severity of your injuries and limit your compensation.
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Consult an attorney before providing a statement
If an insurance company contacts you for a recorded statement, it is important to consult an attorney beforehand. This is because insurance companies are not on your side and aim to minimise their payout. An attorney can help you prepare your statement and protect your rights by ensuring you don't inadvertently jeopardise your claim. They can also handle all communication with the insurance company, allowing you to focus on your recovery.
In the immediate aftermath of a car accident, you may not know the true extent of your injuries. If you speak to the insurance company within the first day, you may develop pain from a soft tissue injury, for example. However, the company can use your earlier statements to paint your later claim as untruthful. For instance, if you say “I felt fine” soon after the crash, they will take that as evidence that you weren't injured, even if you experience delayed symptoms.
Additionally, insurance adjusters have extensive training in eliciting statements that save money for their employer. Their experience puts you at a disadvantage. An attorney can help level the playing field by guiding you on what to say during a statement and ensuring your statement is clear, accurate, and protects your legal rights. They can also be present when you make the statement.
If you are contacted by the insurance company for the other driver or any other involved party, you do not have to give a recorded statement and you shouldn't. If the request comes from your own insurance company, you may be obligated. However, you have the right to postpone it until you consult with an attorney or have one present for the call.
Remember, once you make a recorded statement, it becomes part of your claim, and you can't go back and change what you said. Therefore, it is crucial to consult an attorney before providing any statement to an insurance company to ensure you are fully informed of your rights and obligations.
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Avoid revealing unnecessary personal information
When an insurance company asks for a recorded statement, it is usually to gather information to assign fault, determine coverage, and assess the severity of injuries and pain. They will use any facts they can to push some blame onto the victim or minimise their injuries. For example, if you say "I felt fine", they will take that as evidence that you weren't injured, even if you experienced delayed symptoms.
There is no legal or ethical obligation to give a recorded statement to a third-party insurance company, and it is generally not a good idea to do so. If you are contacted by the insurance company for the other party involved in the incident, you should not give a recorded statement.
If the request comes from your own insurance company, you may be contractually obligated to comply. Even in these cases, it is wise to consult with a lawyer first. Your statement could still be used to limit or deny coverage, so it is crucial to proceed with caution and only provide necessary information.
- Prepare your statement in writing beforehand, so you can take time to revise and ensure it accurately reflects your story.
- Only provide basic biographical information and stick to the facts. Avoid volunteering unnecessary information, as it could be twisted and used against you.
- Keep your answers short and truthful. It is not illegal to answer "I don't know".
- Do not answer questions about your medical condition or pain levels, especially if you have not had a follow-up doctor's appointment.
- Do not feel pressured to give a recorded statement. You can politely and firmly decline and offer to provide relevant information in writing instead.
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Written statements are preferable to recorded statements
An insurance company may request a recorded statement from you following an accident. This is part of the claims process, where the insurance company investigates the accident and gathers evidence. While this may seem harmless, it is important to remember that insurance companies are not impartial. Their primary goal is to settle claims quickly, cheaply, and economically, and adjusters are trained to ask questions in a way that may lead you to admit fault or downplay the severity of your injuries.
In most cases, you are not legally obligated to provide a recorded statement to the other party's insurance company. If contacted by the insurance company for the other driver in the crash or any other involved party, you should decline to give a recorded statement. However, if the request comes from your own insurance company, you may be obligated to comply. Even in this case, it is highly advisable to consult with an attorney first and submit a written statement instead. This will give you more control over what you say and how it is used later.
Remember, the insurance company is not on your side, and their main goal is to pay you as little as possible. Protect your rights by choosing an advocate who is willing to stand up to insurance companies on your behalf.
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Frequently asked questions
No, you are not required to provide a recorded statement to the other driver's insurance company and you shouldn't.
You may be contractually obligated to give a recorded statement to your insurance company. However, you have the right to postpone until you consult with a lawyer.
An insurance adjuster will ask you questions about the accident and your account of events while recording your responses. They will also ask about your injuries and how you felt before and after the accident.
Insurance companies want a recorded statement to investigate the accident, assess liability, and determine fault. They may also use your statement to limit your compensation.
It's important to speak to an attorney before giving a recorded statement. You should also stick to the facts and avoid revealing unnecessary personal information.
