Auto Insurance: Recorded Statements And Your Privacy

After a car accident, it is normal for an insurance company to ask for a recorded statement. This is used to better understand what happened in the accident and to determine how much coverage needs to be applied. However, it is not in your best interest to give a recorded statement as insurance companies may use it against you to limit your compensation. If the claim is with your own insurance company, there may be a clause in your policy that requires you to cooperate with the investigation, but you should still proceed with caution and, if possible, consult a lawyer first.

Recorded statements can be used against you in court

After a car accident, you will need to report it to your insurance company if you want to file a claim. As part of the claims process, the insurance company will investigate the accident and gather evidence. During this process, an adjuster may ask you to give a recorded statement about what happened.

• Inconsistencies: The insurance company will compare your recorded statement to the accident report, witness statements, and what you told police officers at the scene. Any inconsistencies will be used to cast doubt on your claim.
• Descriptions of Injuries: The adjuster may ask about your injuries and how you felt after the crash. They are looking for statements that can be used to downplay the severity of your injuries. For example, if you said "I felt fine" soon after the crash, they may use that to argue you weren't hurt, even if you experienced delayed symptoms.
• Additional Information: The adjuster may casually ask about prior injuries or your actions before the accident. Their goal is to get you to reveal something that can be used to justify limiting your compensation.
• Vague Questions: The adjuster may ask vague or unclear questions that don't have a clear answer. This can make you sound less sure about how the accident happened.
• Medical History: The adjuster may inquire about your medical history or medication use. You are not required to answer these types of questions, but they won't tell you that.

To protect yourself, it is advisable to consult an attorney before providing a recorded statement to your insurance company. An attorney can help you prepare your statement, stick to relevant facts, and avoid providing information that could be used against you. Remember, once you make a recorded statement, it becomes part of your claim, and you cannot change what you said.

Recorded statements are less precise than written ones

A written statement, on the other hand, can be revised to ensure that it accurately tells your story. It is also easier to stick to the facts and avoid veering off-course or providing unnecessary information when you are writing. You can take the time to choose your words carefully and ensure that each sentence conveys one idea, and that each paragraph thoroughly develops one unified concept.

Additionally, when providing a recorded statement, there is a risk that the insurance adjuster will ask vague or unclear questions, which can make it difficult for you to provide accurate and consistent information. They may also ask about your medical history or current injuries, which could be used to downplay the severity of your injuries and limit your compensation.

For these reasons, it is generally recommended that individuals consult with an attorney before providing a recorded statement to their insurance company. An attorney can help you prepare your statement, stick to the relevant facts, and ensure that your account of the accident is clear, accurate, and protects your legal rights.

Insurance companies want a recorded statement to determine fault and compensation

After a car accident, insurance companies will ask for a recorded statement to determine fault and compensation. This is a normal part of the process, and adjusters need to understand the circumstances of the accident from each party's perspective. The recorded statement helps the insurance company to gather evidence and investigate the accident. This statement will be transcribed and put into a document, which becomes part of the claim file.

The adjuster may ask about your injuries, how you felt after the crash, and your current injury status. They may also ask about your medical history or whether you were taking any medication. The adjuster's job is to protect the insurance company's bottom line, so they will try to pay out as little as possible. They are trained to ask specific questions in specific ways to make you sound less sure about how the accident happened.

It is important to note that you are not required to answer all of the adjuster's questions. For example, you are not required to answer questions about your medical history or medication. It is recommended that you speak to an attorney before giving a recorded statement to ensure that you only provide relevant information and do not inadvertently say something that could be used against you to limit your compensation.

Even if you were not at fault for the accident, you should still be careful about what you say in your recorded statement. The insurance company could use your statement against you in several ways:

• Inconsistent story: The insurance company will compare your recorded statement to what you told law enforcement at the scene and witness statements. They will look for any inconsistencies between what you said at the scene and what you say later.
• Downplaying the severity of your injuries: For example, if you said "I felt fine" soon after the crash, they may use this as evidence that you were not injured, even if you experienced delayed symptoms.
• Too much information: The adjuster may ask about prior injuries or activities to try to discredit and devalue your claim.

You are not required to answer questions about your medical history or medication

When an insurance company asks you to give a recorded statement, they are gathering evidence to help determine fault and how much compensation should be paid. You are not required to answer questions about your medical history or medication.

Insurance adjusters are trained to ask specific questions in specific ways. They may ask vague questions or ask about your medical history or medication to make you sound less sure about how the accident happened. The adjuster's job is to protect the insurance company's bottom line, which means paying out as little as possible.

If you are contacted by the insurance company for the other driver, you are not required to give a recorded statement. If you are filing a first-party claim with your own insurance company, you may have to cooperate to some extent. However, you are still not required to answer questions about your medical history or medication.

It is important to note that even your own insurance company is trying to make a profit, which means paying out as little as possible. Before giving a recorded statement to your insurance company, you should consult an attorney. An attorney can help you accurately tell your side of the story and protect your rights. They can prepare your statement, help you stick to the facts and relevant information, and speak to the insurance company on your behalf.

Consult a lawyer before providing a recorded statement

If you've been in a car accident, you will likely be dealing with an insurance company to recover compensation for your damages. As part of the claims process, an insurance adjuster may ask you to give a recorded statement about what happened. However, it is not a good idea to give a recorded statement without first consulting a lawyer.

• Protect Your Rights: A lawyer can help you understand your rights and ensure that your statement does not implicate you or hurt your claim. They can guide you on what to say and what not to say during the recorded statement.
• Prepare Your Statement: A lawyer can help you prepare and rehearse your statement beforehand. They can discuss what happened before, during, and after the crash, and determine the exact wording and information to include in your statement.
• Stick to the Facts: A lawyer can help you stick to the basic facts of what happened and avoid including any information that may pertain to fault or be used against you. They can filter out irrelevant details and ensure your statement is clear and accurate.
• Review and Revise: With a written statement, you have the opportunity to review and revise your statement before finalizing it. A lawyer can help you identify any inconsistencies or issues that may affect your claim.
• Communicate on Your Behalf: Lawyers have experience dealing with insurance companies and adjusters. They can communicate on your behalf, ensuring that your interests are protected and that you do not inadvertently say something that may harm your claim.
• Maximize Your Compensation: Insurance companies aim to minimize payouts. A lawyer can help you maximize your compensation by negotiating with the insurance company and ensuring that your claim is not undervalued.

Remember, once you make a recorded statement, it becomes part of your claim, and you cannot change what you said. Consulting a lawyer before providing a recorded statement can help protect your legal rights and ensure you receive the compensation you deserve.

Frequently asked questions