Recorded Statements

Following a car accident, one of the first things you will do is contact your insurance company and the other driver’s insurance company to open a claim for damages.  Depending on your insurance coverage, your insurance company may handle your auto repair bills while the at-fault driver’s insurance company will pay for your medical bills and pain and suffering.  In either case, once you establish contact with the insurance companies, you will commonly be requested to provide a recorded statement to them.

What is a Recorded Statement?

A recorded statement almost always conducted by phone in the form of an interview, rather than an interrogation.  The interviewer (usually an adjuster) will ask you a number of questions related to the car accident that are meant to elicit open-ended responses.  They will ask you questions about the “who, what, when, where, and how” of the accident.  Not only will your responses be used by the insurance company to document what happened and determine liability, but they will also be used by them to twist your words around to make you look bad.  Furthermore, your recorded statement can always be used against you.

Contractual Duty to Own Insurance

Generally, if your own insurance asks you for a recorded statement, you have a duty to cooperate and give one.  This is usually pursuant to the contract you signed with your insurance company when you signed up with them.  If you decide not to give a statement, your own insurance company may decide not to make payments under your insurance coverage.

No Duty to At-fault Driver’s Insurance

If the at-fault driver’s insurance asks you for a recorded statement, you should always say no.  You have no duty to cooperate with them.  Oftentimes, they will lie and say the recorded statement is required as part of the investigation.  This is a trick because recorded statements to another driver’s insurance company are voluntary and not required under the law.

One misconception amongst our clients is that the truth never hurts.  Unfortunately, insurance companies care more about their bottom line than the truth.  Any statement you make that is carelessly worded, even if it is true, will be twisted and used against you by the insurance companies to reduce or decline claim payments.

Do Not Give a Recorded Statement without an Attorney

Be sure to consult an attorney before giving recorded statements.  If the insurance company pressures you to make a statement and you feel compelled to give one, at least politely request another date when you can provide one.  Contact Tran Bankruptcy Law and we can advise you on how to proceed.