Within days — sometimes hours — of a car accident, your phone will ring. It’ll be an adjuster from the other driver’s insurance company. They’ll be polite, sympathetic, and seem genuinely concerned about how you’re doing. Don’t be fooled. Their job is to pay you as little as possible, and that call is their first tool for doing it.
The Short Answer: No
You are under no legal obligation to give a recorded statement to the other driver’s insurance company. You don’t have to answer their questions. You don’t have to call them back. And in most cases, you shouldn’t. Anything you say in that conversation can and will be used to reduce your claim.
What the Adjuster Is Really Doing
When the adjuster asks “How are you feeling?” and you say “Oh, I’m doing okay,” that gets noted in your file and later used to argue your injuries aren’t serious. When they ask you to describe what happened, they’re looking for any statement that could be twisted to suggest you were partially at fault. They may ask if you had any prior injuries or medical conditions — not because they care about your health, but because they want to attribute your current pain to something other than the accident.
What About Your Own Insurance Company?
Your own insurance policy likely requires you to cooperate with your insurer and report the accident. That’s different from giving a detailed recorded statement to the other driver’s company. You should notify your own insurance company that the accident occurred, but even with your own insurer, be careful about the details you share and consider having an attorney involved before giving any recorded statements.
What to Say If They Call
Keep it simple: “I was involved in an accident on [date]. I am represented by an attorney. Please direct all communication to my lawyer.” That’s it. You don’t need to be rude, but you don’t need to explain yourself either. If you don’t have a lawyer yet, you can say: “I’m not prepared to give a statement at this time. I’ll be in touch.” Then call an attorney before you call them back.
The Recorded Statement Trap
Insurance adjusters will often ask to record your statement “for accuracy.” The real reason is to lock you into a version of events before you’ve had time to fully understand your injuries or consult with a lawyer. Statements given in the fog of a post-accident stress response are rarely in your best interest. You can’t un-say something once it’s recorded.
Let a Lawyer Handle It
One of the most valuable things a personal injury attorney does is handle all communication with insurance companies on your behalf. This takes the pressure off you and ensures that nothing you say is used against you. The consultation is free, and you don’t pay unless we win. When you’re hurt, call Kurt. (417) 553-4898.