Should I Give a Recorded Statement to an Insurance Company?

Should you give a recorded statement to an insurance company after an accident? You would not ordinarily have to do so. Decline politely, even though agents may present it as an easy way to move forward with claiming, and consult a Buffalo car accident lawyer. 

The primary problem with recorded verbal statements is that they are unprepared. If you misspeak, you could experience greater difficulty with your claim. Here are some of the reasons why you should not give a recorded statement, together with examples and advice on what to do instead.  

You Do Not Have All The Facts And May Make an Unintended Admission

After an accident, your memories of the split seconds leading up to a collision can be unclear, and you do not have all the facts. This lack of certainty may lead you to speculate or make conflicting statements that call your reliability into question. 

You may even make an innocent statement that insurance companies can use as an admission of fault. For example, you may say that you are sorry that other people were injured, and an insurance adjustor may interpret this as an admission of fault. 

Besides this, societal norms encourage people to say they are fine, even when they are not, or to show “bravery” by downplaying injuries. Sometimes, people even use humor as a coping mechanism when under severe stress. 

Any of these standard forms of social behavior, when captured in a recorded statement, may encourage insurance companies to contest a valid claim. They may assert that you were not as badly injured as you claim to be or say you were to blame for the accident.

Your Statement May Get Misrepresented

Insurance adjusters may leave you feeling that you are having a comfortable conversation with them, then ask a confusing or leading question. Later, they may take your response out of context, twisting your words to justify minimizing your claim.

For example, an adjuster asks you whether you saw the other driver approaching before the impact. You reply that you did not. 

The adjustor uses your words to argue that you were a distracted driver and are therefore either to blame or partly to blame for the accident. To further undermine your claim, they may search driver and vehicle records to find evidence of distracted driving in the past, making their interpretation more difficult to counter. 

You May Not Yet Know The Full Extent of Your Injuries

Directly after an accident, and in some cases, for some days thereafter, you may not know just how badly injured you are. It can take days before you realize that you are seriously injured. For instance, the CDC notes that a concussion can have long-term aftereffects, but you may not experience its most severe symptoms right away. 

In a situation like this, you may give a recorded statement to an insurance company in which you assure them you are not badly hurt. They may use this against you when you seek compensation for your injuries later on. 

You Are Generally Not Required to Provide a Recorded Statement

Perhaps the most compelling reason not to give a recorded statement to an insurance company is that it is generally not required. If another driver’s insurance company reaches out, you would usually not be under any obligation to provide a recorded statement. 

If your own insurance company has a clause stating that you must cooperate with your insurer, you still have the right to decline until such time as you are better prepared to answer their questions. It may be wise to get legal advice from an injury lawyer at Towey Law to assist you in your preparations. 

What to Do If an Insurance Company Asks For a Recorded Statement

If an insurance company asks you for a recorded statement, simply say that you are not comfortable with doing so at present. If you are speaking with your own insurance company, provide basic information only. The date, time, and location of the accident and the vehicles involved are sufficient.  

Do not discuss fault or detail your injuries; direct all further questions to your Buffalo motorcycle accident attorney. If your attorney confirms that you must make a recorded statement, they will give you advice and may offer to be present during the call.