Do I Have to Give a Recorded Statement to my Insurance Company After a Car Accident?

Were you involved in an car accident and the adjuster asked you to give a recorded statement, check out this short video to learn if you should (or should not) give a recorded statement to an insurance company after a car accident.

Hey everyone, Barry with the LawFull channel. I’m a personal injury lawyer and in every accident claim I’ve been involved with an insurance adjuster will ask for a recorded statement after filing an insurance claim.

Before doing it – contact me at info@legalvlogger.com or go to my website for more information at https://www.chicagolegalgroup.com

0:00 Introduction
0:55 What is a recorded statement
1:36 Do I have to give a recorded statement to my own insurance company
2:28 One warning about giving a recorded statement to your own insurance company
3:10 Give a recorded statement in a small case
3:48 Give a recorded statement with small injuries and parties disagree on the facts
4:40 What to say in a recorded statement for insurance
7:10 When you should not give a recorded statement
8:40 Contact a personal injury lawyer before giving a recorded statement

What is a recorded statement?

A recorded statement is a tool used by insurance companies like Allstate or State Farm to figure out what happened in an auto or other accident. An insurance adjuster, who is an Allstate or State Farm employee, will call you over the phone and ask you questions about the accident. The questions will seem simple and you may feel compelled to answer as you are attempting to get the insurance company to pay for your damages and/or injuries.

Ok the first situation when you not only should give a recorded statement but you are probably have to give a recorded statement is when you are working with your own insurance company. It’s a matter of contract law. When you signed your insurance contract, there was probably a duty to cooperate clause in the contract. That means you need to give a recorded statement, provide them documents etc all to try and resolve your claim. If you don’t your claim could very well be denied altogether.

Beware however, if the guy who hit you was uninsured or underinsured, meaning he or she had a small insurance policy, you may have to go after your own insurance company for compensation through your uninsured or underinsured motorist coverage. In that situation, your insurance company will go from being helpful to being your opponent in a split second. Then, they will be the ones who use your recorded statement against you.

The second situation where you may want to give a recorded statement is in a small case where there are minor injuries or just property damage.

Here are a few tips on what to say in a recorded statement for an insurance company:

• Be simple and straightforward. Do not go on and on explaining yourself. Just answer their exact question.
• Be careful what you say – if they ask you how fast you were driving for example, if you say you were driving 50 and it turns out you were in a 35 mph zone – they’re going to use that against you so be prepared for their questions in advance.
• Always be honest: if you lie, the insurance company will find out and use it against you. This will jeopardize your credibility with the insurance company or the jury.
• Limit the scope of the recorded statement: Agree to talk about the facts of the accident but not your injuries. If they ask about your injuries, you can tell them that you did suffer injuries and that you will provide them access to your medical records when you obtain them.
• Do NOT guess. If you don’t know an answer, say so.

Ok, here is when you should not give a recorded statement – ALL other circumstances. If you are dealing with the insurance party for the guy who hit you, you do not have any legal or contractual obligation to give them a recorded statement.

Why? The recorded statement is a trick used by insurance companies to get you on the record. What they are trying to do is pin you down to a story. Once you have committed, the insurance adjuster (or their defense attorneys) will use that information later to poke holes in your case. Your simple recorded statement can be used in court to impeach your testimony later.

In most cases, the insurance adjuster can make a determination of “liability” or responsibility for the accident from the police report, from speaking to their insured or by talking to witnesses.

Thanks for checking out this short video on recorded statements, if you need help dealing with an insurance company or have questions about giving a recorded statement reach out to me at 877-529-4312.

#insurancecompany #recordedstatement #car accident

Disclaimer: This video is for entertainment and informational purposes only. It is not intended as legal advice and the accuracy thereof is not warranted or guaranteed. This information is prone to errors and omissions. Use this information at your own risk. Watching this video does not create an attorney-client relationship.

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