Recorded Statements: What to (And not to) Say to an Insurance Adjuster
It’s normal for insurance companies to request a recorded statement after a car accident. That’s true whether you’re filing with your own insurance company or another driver’s. But while asking for recorded statements is a routine part of the personal injury claim process, it’s not always in your best interest to go on the record.
Below, learn more about what a recorded statement is, when you should make one, and what you should (or shouldn’t) say, courtesy of a Providence personal injury lawyer.
What are Recorded Statements in an Insurance Claim?
In an insurance claim, recorded statements are audio recordings where you share your version of events. You’ll recount facts about what happened before, during, and immediately after the incident, along with the timeline of events.
How Can Recorded Statements Affect Settlement Offers?
You might think that talking on the record would be a good thing for you, since you have nothing to hide. But remember: A claim’s adjuster isn’t on your side, no matter how reassuring or conversational they seem. It’s their job to save the insurance company money, not ensure that you get the funds you’re entitled to.
So, an insurance company can use even the smallest details or verbal slip-ups to paint a different picture of events and undermine your claim. And once you go on the record, it’s next-to-impossible to walk those statements back.
Making any of the following errors could permanently impact your chances of an insurance settlement.
Introducing Inconsistencies
It’s normal to be confused or have memory lapses after a traumatic event. It’s why recounting the event too soon could cause you to misremember key details or leave out important facts in your statement. For example, you might forget the time or leave out that you had the right-of-way.
Admitting Fault
If you’re flustered or upset, you might say something that could be construed as admitting fault, like “I wasn’t looking,” or “I should’ve been more careful.” Even something as small as mentioning that you’d just left a restaurant could prompt an investigation into driving under the influence.
Minimizing Injuries
Some injuries take time for the full impact to sink in, like whiplash or traumatic brain injuries. But if you insist that you’re fine on the record, that could hurt your chances of a payout later, when you start to develop symptoms.
Do I Have to Make a Recorded Statement?
That depends on the insurance company’s policy and whether or not you’re filing with your own company.
If the policy is with the other person’s insurance company, you’re under no obligation to give a recorded statement, and refusing one doesn’t necessarily hurt your claim. However, things may be different if you’re filing with your own insurance company.
Some insurance policies include a “cooperation clause,” which obligates you to provide a recorded statement. However, even if your policy does include this clause, you don’t need to provide a statement right away.
You don’t need to answer a call or provide a recorded statement the moment the adjuster asks. In most cases, you can reschedule a better time to talk on the phone or in-person, after you’ve had time to prepare with your attorney.
How to Refuse Recorded Statements
If the other person’s insurance company wants a recorded statement, and your lawyer advises against it, you have every right to refuse.
When refusing a statement, it’s a good idea to:
- Be polite, but firm
- Explain why you can’t go on the record
- Submit your response in writing, so there’s a paper record of your refusal
What to Say to an Insurance Adjuster
If you absolutely have to make a recorded statement, first consult with your lawyer to understand what you should and shouldn’t say. There may be specific details your lawyer may advise you to bring up for a better likelihood of a payout, or specific phrasings they’d like you to include or avoid.
In any case, it’s always a good idea to stick to these guidelines.
Stick to the Facts
Your statement should only include factual information, like the sequence of events, your actions, and contact information for any witnesses. You don’t need to opine, even if the claim’s adjuster encourages you to. Stick to the facts of the day only.
Stay Brief in Recorded Statements
Keep your statement as concise as possible. Only answer what the claims adjuster asks you and only volunteer additional information if your lawyer advises you to put it on the record. The less you say, the fewer opportunities you give the claims adjuster to use your words against you.
Ask for a Transcript
When you’re finished, ask for a transcript of your statement for your personal records. If anyone tries to contradict the facts you laid out, you’ll be able to refute them easily.
What NOT to Say to an Insurance Adjuster
On the other hand, there are some things you should avoid touching on in a record statement. Remember to steer clear of any of these factors.
Don’t Mention Money
Your statements are for factual information only. Don’t bring up the cost of property damages or medical bills, and don’t bring up the amount of compensation you think is fair: That’s reserved for your settlement negotiations.
Don’t Mention Fault
You’re not obligated to discuss fault or blame in a recorded statement. You don’t need to speculate about whether or not your actions may have contributed to the incident.
Don’t Describe Your Injuries in Detail
You have no obligation to discuss the specifics of your injuries or medical history in a recorded statement. Remember that anything you say on the record is permanent. So if your symptoms or the severity of your injuries change, you may not be able to change the record later.
Seek Legal Counsel Before Making Recorded Statements
Before you make any statements that could permanently alter the trajectory of your case, it’s crucial to talk to a personal injury lawyer.
Your lawyer may have worked with the same insurance company in the past or have worked on previous cases, meaning they know all of the usual tactics and how to maximize your chances of success.
Talk to Petrarca Law today for a free case consultation with a Providence personal injury lawyer. You deserve a legal team that looks out for your best interest, and we are committed to getting you the funds you deserve.