The Adjuster Wants a Recorded Statement — What Happens If I Refuse?
A recorded statement is often one of the first things an insurance adjuster asks for after a car accident. While it may sound routine, a recorded statement is really the insurance company’s opportunity to lock you into specific words that can later be used against you to reduce or deny your claim.
Whether you are required to give a recorded statement depends on whose insurance company is asking. If it is your own insurance company, and you are seeking benefits such as uninsured motorist (UM), underinsured motorist (UIM), or personal injury protection (PIP), your policy usually contains a duty to cooperate clause. In those situations, refusing to provide a recorded statement could potentially result in a denial of coverage. Similarly, if you are being defended by your insurance company because you were sued, you typically must cooperate, or the insurer may refuse to defend or indemnify you.
However, if the request is coming from the other driver’s insurance company, you generally do not have to give a recorded statement. There is no legal requirement to help the opposing insurance company build a case against you. In fact, providing a recorded statement without an attorney present is often a mistake, as adjusters are trained to ask questions designed to shift blame, minimize your injuries, or create inconsistencies in your story.
If a lawsuit is filed, the situation changes. At that point, you may be required to give a deposition, which is a formal, sworn statement taken under court rules. Depositions are very different from informal recorded statements and should always be handled with your attorney present and preparing you in advance.
The safest approach is to never give a recorded statement without first speaking to a lawyer. An experienced car accident attorney can advise you on whether a statement is required, attend the statement with you if necessary, and protect you from saying something that could hurt your case later.
