Giving Statements to the Other Party's Insurance Company

Should You Give the Other Driver’s Insurance Company a Recorded Statement?

After an automobile accident, the other driver's insurance company will probably contact you and ask you to give a recorded statement. The adjuster may sound friendly and genuinely interested in helping, and you may be told that the statement is simply part of the insurance company's routine investigation. But remember that the adjuster works for the other driver's insurance company, not for you. In my experience, you should think carefully before giving a recorded statement—particularly in the early days following an accident, when you may not yet know the full extent of your injuries.

The problem is not necessarily that every insurance adjuster is acting improperly. Many adjusters are simply doing their jobs and gathering information about the accident. The problem is that anything you say can become part of the claim file, and statements made shortly after an accident may later be compared with your medical records, your testimony, and your position regarding liability and damages. A seemingly innocent statement can therefore take on greater significance later in the case.

Key Takeaways

• Think carefully before giving a recorded statement to the other driver's insurance company.
• The other driver's insurance adjuster does not represent you. The adjuster's job is to investigate and evaluate the claim on behalf of the insurance company.
• You may not yet understand the full extent of your injuries immediately after an accident. Statements made before symptoms fully develop can later be compared with your medical records and injury claims.
• A recorded statement creates a permanent record of what you said. Inconsistencies between an early statement and later testimony can become an issue in your claim.
• You generally do not need to argue with the adjuster or become confrontational. You can politely explain that you are not prepared to give a statement at that time.
• If you have hired an attorney, your lawyer can communicate with the opposing insurance company on your behalf.
• Your own insurance company is different. Your policy may impose contractual obligations requiring you to cooperate with your insurer, including providing information about an accident.
• Do not lie, exaggerate, or intentionally conceal information. The goal is not to avoid providing truthful information; it is to understand your rights and obligations before providing a recorded statement.
• Your first priorities after an accident should be your health, safety, and preservation of important evidence.
• When in doubt, consider speaking with an experienced personal injury attorney before agreeing to a recorded statement.

Why Does the Other Insurance Company Want a Recorded Statement?

The insurance company has a legitimate reason to investigate an accident. It needs information about what happened, who may have been responsible, what injuries were reported, and what damages are being claimed. A recorded statement can be one way for an adjuster to gather that information.

However, there is an important distinction between investigating a claim and protecting your interests. The adjuster represents the insurance company that may ultimately be responsible for paying your claim. The adjuster therefore has an incentive to evaluate the claim carefully and identify information that may affect the amount the insurance company is willing to pay.

I spent much of my career representing insurance companies as a defense lawyer. Because of that experience, I understand how information gathered during the early stages of a claim can later become important. That is one reason I am cautious about having an injured person give a recorded statement before they understand the nature and extent of their claim.

Why Can an Early Statement Become a Problem?

One of the biggest problems with giving a statement shortly after an accident is that your medical condition may still be developing. Immediately after a collision, you may be focused on the accident itself and may not yet appreciate the extent of your injuries. Some injuries become more noticeable over the following days.

For example, an adjuster might ask, "How are you feeling?" You might respond, "I'm doing okay." That may be nothing more than a polite, ordinary response from someone who is still processing what happened. But if you later develop significant neck or back pain, the insurance company may point to that earlier statement and question why you did not report those symptoms immediately.

That does not mean your later injury claim is necessarily false. It simply creates an inconsistency that the insurance company may use when evaluating your claim. The more carefully you communicate early in the process, the less opportunity there is for an innocent statement to be taken out of context later.

Can the Insurance Adjuster Use My Statement Against Me?

Potentially, yes. A recorded statement creates a record of what you said at a particular point in time. The insurance company may later compare that statement with the police report, medical records, photographs, witness statements, and anything else that becomes part of the claim.

For example, suppose you initially say that you did not feel injured immediately after the collision. Several days later, you begin experiencing significant pain and seek medical treatment. The fact that you initially felt okay does not necessarily prove that the accident did not cause your later symptoms, but the insurance company may raise the timing as an issue.

This is one reason I generally advise clients to be thoughtful about statements made immediately after an accident. You do not want to accidentally make a definitive statement about something you do not yet fully understand.

Do I Have to Give the Other Driver's Insurance Company a Statement?

You should not assume that you have to give the other driver's insurance company a recorded statement simply because an adjuster asks for one. The circumstances can vary, however, and your obligations may depend on the nature of the claim and the parties involved.

This is particularly important when distinguishing between the other driver's insurance company and your own insurance company. Your own insurance policy is a contract, and it may contain provisions requiring you to cooperate with your insurer after an accident. Failing to comply with those contractual obligations can create problems that are very different from simply declining an interview with the opposing carrier. If you are uncertain about your obligations, it is worth understanding the applicable insurance policy and getting legal advice before making a decision.
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What Should I Say When the Adjuster Calls?

You generally do not need to get into an argument with the adjuster. There is no reason to be rude, hostile, or accusatory. The adjuster is doing a job, and you can simply explain that you are not prepared to provide a recorded statement at that time.

You might say something as simple as, "I'd like some time to review the matter before giving a recorded statement. I'll get back to you." If you have retained an attorney, you can provide the attorney's contact information and allow your lawyer to communicate with the insurance company.

The important point is that you should not feel pressured into answering questions simply because the adjuster calls shortly after the accident. Take the time you need to understand what is being requested and why.

What If the Adjuster Says the Statement Is Just Routine?

An adjuster may tell you that a recorded statement is simply a routine part of the claim process. It may indeed be a routine practice for that insurance company. But "routine" does not necessarily mean that you should provide the statement without first considering the consequences.

The important question is not whether the request is routine for the insurance company. The question is whether giving a recorded statement is appropriate for you and your particular claim at that point in time.

If you are dealing with significant injuries, disputed liability, or other complications, consider getting legal advice before providing a recorded statement.

What If I Already Gave a Recorded Statement?

Don't panic. Giving a recorded statement does not automatically mean that you have damaged or lost your personal injury claim. The significance of the statement depends on what you said, the circumstances in which you said it, and how it compares with the other evidence in your case.

If you have already given a statement, obtain a copy if possible and provide it to your attorney. Your lawyer can review what was said and determine whether there are any statements that could become issues later in the claim.

Most importantly, don't try to change your story simply because you are worried about something you said earlier. Your best course is generally to be truthful and allow your attorney to address any inconsistencies or misunderstandings.

What About Giving a Statement to My Own Insurance Company?

This is an important distinction. If your own insurance company contacts you after an accident, you may have contractual obligations under your insurance policy to cooperate with its investigation. Your relationship with your own insurer is therefore different from your relationship with the other driver's insurance company.

Your own insurer may also be handling a first-party claim, such as a collision claim or an uninsured/underinsured motorist claim. In those circumstances, cooperation may be required by the policy.

Even when speaking with your own insurance company, however, you should be truthful and careful. If you are unsure about your obligations or the purpose of the interview, you can review your policy and consider speaking with an attorney before proceeding.

What Should I Do Instead of Giving an Immediate Recorded Statement?

After an accident, focus first on your health and safety. Seek appropriate medical attention if you are injured or develop symptoms, preserve photographs and other evidence, obtain information about the vehicles and drivers involved, and keep copies of communications from the insurance companies.

You should also avoid speculating about things you do not know. You do not need to guess about vehicle speeds, distances, the extent of your injuries, or what another driver was thinking. If you don't know something, it is perfectly acceptable to say that you don't know.

Remember that your claim will ultimately be evaluated based on the evidence. A carefully documented accident, consistent medical records, photographs, witness information, and other objective evidence can be much more valuable than trying to satisfy an adjuster's desire to obtain a statement immediately.

My Experience Handling These Statements

I spent many years defending insurance companies before representing injured people. In my experience, I have rarely found an early recorded statement given to the opposing insurance company to be particularly helpful to the injured person.

That does not mean there are never circumstances in which a statement is useful or necessary. Every case is different, and there may be legitimate reasons for an injured person to provide information to an insurance carrier. My point is simply that you should understand what you are being asked to do before you agree to put your words on the record.

If you have been seriously injured, there is usually no reason to panic simply because the other insurance company calls you a day or two after the accident. Take care of yourself first, understand your rights and obligations, and consider consulting an experienced personal injury attorney before deciding how to respond.

Frequently Asked Questions

1. Do I have to give the other driver's insurance company a recorded statement?

You should not assume that you are required to provide a recorded statement simply because the other driver's insurance company requests one. Your legal obligations can depend on the circumstances, so consider obtaining legal advice before agreeing to an interview.

2. Why does the insurance adjuster want to record my statement?

The adjuster may want information about the accident, your injuries, and your version of events. Because the statement creates a permanent record, it can later be compared with other evidence in the claim.

3. Can the insurance company use my recorded statement against me?

Potentially. Statements can be compared with medical records, testimony, police reports, photographs, and other evidence. An apparently harmless statement made immediately after an accident can sometimes become significant later.

4. What if I told the adjuster I was "fine" after the accident?

Don't panic. People commonly use expressions such as "I'm fine" or "I'm okay" in ordinary conversation, particularly immediately after a stressful event. However, if you later develop significant symptoms, the insurance company may point to that statement, so it is important to be accurate and consistent when discussing your injuries.

5. Can I simply refuse to talk to the other insurance company?

You can generally tell the adjuster that you are not prepared to give a recorded statement at that time. However, the specific circumstances of your claim matter, and you should not confuse the opposing insurance company with your own insurer, which may have contractual rights under your policy.

6. What if I already gave a recorded statement?

Do not panic. Give your attorney a copy of the statement if you can obtain one. Your lawyer can evaluate what you said and determine whether anything in the statement could affect the claim.

7. Do I have to give my own insurance company a statement?

Your own insurance policy may require you to cooperate with your insurer following an accident. Because this is a contractual relationship, your obligations to your own insurance company can be different from your obligations to the other driver's insurer.

8. Should I talk to a lawyer before giving a recorded statement?

If you have significant injuries, disputed liability, or other complications, consider consulting an attorney before giving a recorded statement. A lawyer can explain your rights and obligations and help you decide how to respond.

9. What should I do if the adjuster pressures me to give a statement immediately?

You do not need to become confrontational. Politely tell the adjuster that you need time to consider the request and that you will respond when you are prepared to do so. If you have an attorney, provide the attorney's contact information and let your lawyer handle the communication.

10. Is it illegal to refuse to give a recorded statement?

​Simply declining a request from the opposing insurance company is not the same thing as refusing to comply with a contractual obligation to your own insurer. The circumstances matter, which is why you should understand the source of the request and any obligations imposed by your insurance policy.