All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.
Should I give a recorded statement after an accident?
Before speaking to an insurance company, including your own, you should consult with an attorney.
The following are a few things an adjuster might say to you in order to obtain a recorded statement.
- “There is an issue with liability.”
- “An investigation must be completed before making repairs to your car.”
- “We can’t finish that investigation unless you give us a recorded statement.”
In our experience, adjusters often contact victims and tell them that in order to complete their investigation, they must obtain a recorded statement. In reality, you are not legally under any obligation to provide such statements to the at-fault driver’s insurance carrier, but you may be contractually required to do so with your own insurance company. However, you have the right to obtain representation prior to giving such statements.
It is important to remember that after an accident, insurance companies (even yours!) are not on your side. Their goal is to obtain any information they can from you that would provide a basis for diminishing or denying your claim, including taking your statements out of context. You should always consult with an attorney prior to giving such statements, because doing so without counsel can negatively impact your case.