Should You Give a Recorded Statement?

Shortly after an accident occurs, the adjuster working for the at-fault driver’s insurance company will begin to investigate the accident. As part of this investigation, you may be asked to provide a recorded statement concerning your car accident.

The most important fact to know about this request is this: you do not have to provide the insurance company an opportunity to do this. The insurance adjuster cannot deny the claim based upon a denial to provide this statement. It is possible that the recorded statement will be used against you at a later point. In most cases, the adjuster’s goal will be to find any weakness in your story and use it against you to either deny the claim or lower the offer of compensation to you. It is possible that the recorded statement will be used against you at a later point.
Although it is generally a bad idea to agree to be subject to a recorded statement without an attorney, if you are represented, a recorded statement in the presence of your attorney is far less likely to harm your case. If you do decide to give a recorded statement, please keep the following things in mind:

1. Ask that the statement not be recorded.
2. Answer the question asked concisely and precisely, and avoid rambling.
3. Avoid giving an explanation unless you are asked for one.
4. Do not argue with the adjuster.
5. It’s ok to say “I don’t know.” Avoid guessing. If you cannot provide an estimate, then do not do it. If you must guess, use educated guesses. Explain that the answer is a guess.
6. Speak slowly and coherently.
7. Tell the truth.
8. Avoid absolutes such as “always” and “never”.
9. Do not admit partial or complete fault.
10. Do not sign anything or accept a quick settlement unless an attorney has reviewed it.
11. If you are dealing with your own insurance company (generally, in the context of an Underinsured or Uninsured claim, or perhaps a PIP claim), it is very likely that you will be required to give a recorded statement based upon the insurance policy. It is best to ensure an attorney is present to protect your rights.

Fulgencio Law, PLLC represents clients who have experienced losses as a result of the car accidents. If you or a loved one has been injured as a result of such an accident, please contact our office as soon as possible and speak with attorney Felipe Fulgencio. We offer free consultations.