Car Accident: Should you give a recorded statement?

Usually, several days after a car accident, an insurance adjuster representing the other driver’s insurance company will contact you by phone. The adjuster will ask you to consent to a recorded statement where she will ask you questions over the phone, record it and then type up the questions and answers for later use. If you consent, they will proceed to ask you about the circumstances surrounding the wreck, your injuries, the medical care you received and the nature of your claim. Frankly, there is no limit to what they may ask. While it may seem harmless at the time, these questions have been developed by large insurance companies with years of claims handling experience. They are designed to minimize their exposure (i.e. financial risk) and consequently reduce your recovery (i.e. financial settlement). They are not designed to help you and often cause considerable damage to your claim.

In most states, the insurance company for the opposing driver does not have the right to require a recorded statement from you and you are under no duty or obligation to provide one. Our firm usually declines to make our clients available for recorded statements except under certain conditions. You should do the same until you have consulted with an attorney. The reasons for this are simple. The risk of harm from a recorded statement far outweighs any potential benefit. You may inadvertently leave out an important detail; you may forget to mention some injury that you are suffering from; or, your injury may not have manifested itself as of yet; you may even accidentally agree with some fact that is incorrect. That is why some preparation is required and you can only adequately prepare with a professional who knows what they are likely to ask and the best way to answer. Your attorney will also force the adjuster to stay on track, politely interrupting and refusing to allow you to answer when the questions veer off topic. Don’t forget, the purpose of this statement is so the insurance company can use it against you later—be careful.

Another consideration is this: if you are going to voluntarily give a recorded statement to the other insurance company, isn’t it only fair that your lawyers be allowed the same courtesy? Sometimes, we will agree to a recorded statement but only if the insurance company reciprocates by making their insured available so we can question him/her also. After all, if the whole purpose of the statement is to get the facts so the claim can be properly evaluated—as the insurance company is prone to suggest—then isn’t it important for you to do the same? For example, what if the truck driver that hit you fell asleep at the wheel because his company forced him to drive well in excess of the hours permitted by DOT? That could bring punitive damages into play; isn’t that something you should know before you settle? The insurance companies usually decline this offer of reciprocal good faith—a telling tribute to just how harmful these statements can be. Information is a two way street—get a lawyer, get prepared and insist on a reciprocal statement.

Don’t be confused, however, about who is asking for information. Typically, you do have a duty to cooperate with your own insurance carrier. After an automobile accident, you should immediately contact your agent or your insurance company and report the accident. Your insurance company has a right to investigate the accident, which investigation may include obtaining a recorded statement from you concerning the circumstances surrounding the accident. Your insurance policy, which is a contract between you and your insurance company, obligates you to cooperate with them in a reasonable manner. Read it and see what is required of you.

DISCLAIMER: Every automobile wreck presents a unique set of facts and circumstances. These suggestions, on the other hand, are very general in nature and may or may not be appropriate in your particular case. Therefore, these suggestions are not intended as legal advice for your case and should not be relied upon as such.