After a car accident or serious injury, it’s common to receive a call from an insurance adjuster asking to record your version of what happened. At first, this might seem like a routine step in the claims process. You may assume you’re just clearing up the facts. But what you say in that recorded statement can have lasting consequences for your personal injury case.
This article explores how recorded statements can negatively affect your injury claim, why insurers use them, and what to do if you’re asked to provide one. If you’ve been hurt in an accident, understanding this part of the process can help you avoid jeopardizing your personal injury settlement.
Why Insurance Adjusters Request Recorded Statements
Insurance companies often reach out quickly after an accident to gather information. One tactic they frequently use is requesting a recorded statement. Your adjuster will attempt to befriend you and even act as if they are helpful, but it’s important to remember that they are acting on behalf of the insurance company—not you.
Insurance adjusters are attempting to minimize the amount of liability their company holds. Anything you say in a recorded statement can be used later to:
- Undermine your version of events
- Dispute the severity of your injuries
- Suggest that you were at fault
- Reduce or deny your personal injury settlement
Common Risks of Giving a Recorded Statement For Your Injury Case
Even if you are honest, any statement you give without consulting a lawyer can impact your claim negatively. Here’s how a few words can work against you:
Inconsistencies
You might unintentionally leave out details or describe things differently than in later statements or testimony. These inconsistencies can be used to question your credibility during a personal injury trial or settlement negotiation.
Downplaying Injuries
People often try to sound tough or minimize their pain, especially early on. Saying, “I’m fine” or “I think I’ll be okay” can later be used to argue that your injuries weren’t serious—even if symptoms worsened afterward.
Admitting Fault
An innocent and honest statement where you say “I didn’t see the other car” can be used to attempt to shift blame or fault to you. Even partial responsibility can reduce your compensation due to comparative negligence laws in many states.
Statements Taken Out of Context
Insurance adjusters are skilled at guiding conversations. They might ask misleading questions or interrupt you mid-sentence. Later, your words could be taken out of context to support a narrative that works against your personal injury case.
Are You Required to Provide a Recorded Statement to Insurance Companies?
Generally, you are not legally obligated to give a recorded statement to the other party’s insurance company. In fact, most personal injury lawyers advise against it unless your attorney is present or has reviewed the request.
However, if the insurance company is your own (such as in a no-fault claim), your policy may require you to cooperate. Even in those cases, you have the right to consult with a personal injury attorney before speaking.
How to Respond if Asked for a Recorded Statement
If you’re contacted by an insurance adjuster asking for a recorded statement:
- Stay calm and polite.
- Decline the request until you speak with a lawyer.
- Get the name of the adjuster and their company.
- Do not speculate or offer opinions about the accident.
You can simply say: “I’m not comfortable giving a recorded statement without consulting my attorney.”
Protecting Your Personal Injury Case
A recorded statement is one of several ways an insurance company will try to minimize your claim. To avoid hurting your case:
- Hire a personal injury attorney early in the process
- Avoid discussing your injuries or accident details on social media
- Get medical attention promptly and follow treatment plans
- Keep documentation of all expenses and communications
An experienced personal injury lawyer can deal with the insurance company on your behalf and ensure your rights are protected throughout the claims process.
When a Recorded Statement Might Be Necessary
In rare cases, your own insurer may request a recorded statement as part of your coverage agreement. If so, speak with a personal injury lawyer first. They can prepare you for the questions, help you understand your rights, and even attend the interview with you.
Remember: just because something is recorded doesn’t mean it can’t be clarified later, but it’s always easier to prevent missteps than to fix them afterward.
Call Brandon J. Broderick For Legal Help
At Brandon J. Broderick, Attorney at Law, we understand how stressful and confusing the claims process can be after an accident. Before giving a recorded statement to an insurance adjuster, talk to our team. We can help protect your interests and ensure your personal injury case is positioned for the best possible outcome.
Contact us today for a free consultation. You don’t have to face the insurance company alone.