Recorded Statements and the Other Driver's Insurance Company

A few days after an accident, you may get a friendly call from the other driver's insurance company. Often it includes a request to record your statement. Here is what to know.

What a recorded statement is

It is a recorded interview in which an adjuster asks you questions about the accident, your injuries, and your background. It may be used to evaluate or dispute your claim.

Why people give them, and why to be careful

The adjuster may sound helpful and say it will "speed things along." But the adjuster works for the insurer, whose interest is to limit what it pays. Questions can be phrased in ways that:

• Ask you to estimate speeds or distances you are not sure about
• Ask whether you were hurt before you have been fully evaluated
• Lead you to say "I'm fine" when you are describing how you feel that day
• Bring up prior injuries or medical history

Statements made early, when you may still be in pain or on medication, can be quoted later if your story seems to change.

Do you have to give one?

Generally you are not required to give a recorded statement to the other party's insurance company. Your own insurer is different. Your policy usually requires you to cooperate with your own company, which may include giving a statement. Read your policy or ask your insurer what it requires.

If you decide to talk

• Stick to facts you are sure of. It is fine to say "I don't know" or "I don't remember."
• Do not guess about speed, distance, or time.
• Do not speculate about your injuries or say you are fully recovered.
• Ask for the adjuster's name, the claim number, and the company in writing.
• You can ask to do it later, or ask to respond in writing.

Other things to be careful about

• Signing medical authorizations that give broad access to your records
• Accepting a quick payment tied to a release
• Posting about the accident online

A reasonable first step

Politely tell the adjuster you will get back to them, then take time to understand your options. Speaking with a licensed attorney before giving a detailed statement is one way to do that.

This article is general information, not legal advice. Your duties depend on your policy and your state.