Did you know that it is against the law for an insurance company to record you without your permission? They must always ask you first before taking a recorded statement — and you can decline the at-fault insurer’s request. Your injury claim is not dependent upon you giving a recorded statement. Nonetheless, insurance adjusters may pressure you into doing so, coercing or even threatening to “close the claim” in order to get a statement from you.
Insurance adjusters may say they are helping to “resolve your case” or “prove your claim”, thus the need for a recorded statement. They may even claim that this will help pay your doctor bills, and that such statements are common in claims resolution. Experienced insurance adjusters are skillful adversaries. They are trained at getting you to say something that could be considered an admission of some fault — or something that would limit the seriousness of your injuries.
Remember: whether it’s a first-party or third-party insurance adjuster, that voice on the other end of the phone line is not your friend. Their goal is to look out for their multi-billion dollar employer, not for you. When dealing with the at-fault driver’s insurance company, stand your ground and deny the on-the-spot immediate request for a recorded statement; as most experienced car accident attorneys would agree, it is never in your best interest to give them one.
First, let’s examine who is trying to get your recorded statement and the purpose:
- The first-party carrier. Your own insurance company will try to get your statement as part of its investigation into the accident. The adjuster will call and tell you it is your duty under the contract to cooperate with them and furnish the information. This is true, but you can deny an on-the-spot response or recorded statement, and suggest that you will reply in writing. You must signal your interest in complying with the request from your own carrier, and duly respond in writing in a prompt fashion. The adjuster may be a property adjuster asking questions about damage to your car, truck or motorcycle. Keep in mind that it is improper for the property adjuster to ask about injuries; the only time to discuss injuries is when there is a pending MedPay or UM/UIM claim you bring against your own insurer. Learn more about first-party carriers here.
- The third-party carrier (of the at-fault driver). The at-fault driver’s insurance company will try to get your statement under the ruse that it needs your version of the accident, “just for the records,” to confirm liability against its own policyholder, and they need your medical information to make a fair settlement. You are under no obligation to respond to the at-fault driver’s request; in fact, you should NOT give a recorded statement. Learn more about third-party carriers here.
Insurance adjusters seek to record your statement because it is convenient. They don’t have to take the time to get a written statement from you; they simply take your abbreviated version over the phone, and when it is done they can move forward with your claim. The claims adjusters often inquire into past medical treatment, asking about irrelevant injuries and treatment from years before the crash. You may find it tempting to cooperate and give the insurance company a recorded statement so they can hurriedly settle your case. However, here are three reasons why you might want to think twice.
3 Reasons You Should Not Give A Recorded Statement
1. It may limit the value of your case.
Even if you just stick to the facts, there may be implications in your statement that devalue or even compromise your case. Recorded statements are usually requested shortly after the incident, when you are still reeling from the aftermath of the crash. You will be busy setting doctor appointments, figuring out lost time from work or replacing damaged property. You may be stressed or distracted, and you may not yet know the extent of your injuries. You may think that you understand your injuries within the first two or three weeks — but injuries can worsen, particularly after substantial trauma.
In Colorado, if you should need any type of medical care, the insurance company of the at-fault driver should not be asking you for a recorded statement within 15 days after the crash. Any recorded statement taken within 15 days after the crash is inadmissible in Court if you had sought medical care before the statement.
For example: if you hit your head on the side window during a car accident, you may have suffered a temporomandibular jaw (TMJ) injury. It is not uncommon for the first signs of that injury to present days, or even weeks after the crash. Shoulder injuries also have a delayed onset of pain; mild traumatic brain injuries (MTBIs) can worsen over time. When you leave that type of medical information out of your initial statement, you may not be able to revise your story later.
2. It puts you on the spot.
It’s not just you: most of us do not think very quickly on our feet, especially after a traumatic experience. We tense up and forget important details, particularly under pressure. We may answer questions sloppily or incompletely; our account may not come through in as precise and thorough a manner as it would in writing. Most of us are not prepared to give recorded statements, as our comments may inadvertently reflect other things going on in our lives that day. For this reason, many people choose to wait to give a recorded statement until after meeting with a lawyer and understanding their rights as they relate to an auto accident.
3. Want to clarify your statement? Too bad….
After you have given a recorded statement, it is nearly impossible to correct or expand your story. Claims adjusters rarely, if ever, send you a copy of the transcript, and insurance companies are reluctant to update or add to your file after you have given a preliminary statement — particularly if it limits the value of your claim or extent of your injuries. You may wish to update the statement with current physical impairment injuries or continued medical treatment, but this opportunity is rarely afforded.
This can be particularly damaging if an insurance contract medical examiner (often conducted under the misnomer “Independent Medical Exam,” or IME) determines that your injuries should resolve on their prescribed schedule (or spreadsheet), instead of on your own healing process. Some unreliable, insurance-driven examiners don’t even meet with you or conduct a physical exam; they just look at your medical records — and, if you provide one, your recorded statement — to determine when you should recover. All this works to minimize the amount of compensation you will receive for your treatment and recovery.
I’ve been asked to give a recorded statement. What are my rights?
You have the right to decline to give a statement to the at-fault driver’s insurance company.
Repeat after us: “I politely decline to give an insurance recorded statement at this time.”
Regardless of the circumstances of your case: you have no obligation to give a recorded statement to anyone associated with the at-fault driver, including their investigator, claims adjuster or any independent claims organization.
We do not think that the third-party carrier will be abusive enough to claim that they have a right to a recorded statement. Stay in control of that relationship and let them know they are not going to get anything from you, until you send your demand letter. Make notes and document everything, including any conversations you have with third-party adjusters.
You have the right to reply to your own insurer in writing.
If your own carrier (first-party carrier) says that you have a duty to cooperate, and that giving a statement is part of that duty, tell them that you will cooperate fully when they assess the value of your claim and a subrogation claim is on the table. Tell them that you would be pleased to cooperate fully by giving a written statement as to how the accident occurred. Alternatively, ask the insurance adjuster to wait until he sees your Med Pay form. If they have any questions, you can answer them in writing.
One word of caution: Under first-party claims, if there is an allegation of fraud, you can be required to participate in not just a recorded statement but also an examination under oath. Your continued receipt of benefits from the company can be conditioned upon your being examined under oath. However, this tends to be reserved for instances where fraud is suspected in UIM claims.
You have the right to speak to your insurance commissioner.
If an insurance claims adjuster insists that you are breaching your duty under the contract by not providing a recorded statement, call your Insurance Commissioner and get his opinion. Colorado’s Insurance Commissioner, Michael Conway, can be reached here.
You have the right to legal representation at any point during your claims resolution.
Many people do not realize that they may retain an experienced personal injury lawyer to represent them in insurance matters of this nature. Never take the claims adjuster at his/her word, particularly with respect to legal matters. Before an insurance company calls or coerces a recorded statement out of you, talk to a personal injury attorney to understand your rights.
The Law Offices of Peter M. Anderson offers free case evaluations, as well as free consultations about your legal responsibilities following a crash. Our car accident lawyers will help you understand the nuances of your claim, including bodily injury claims, uninsured/underinsured motorist coverage, and your rights as the injured party.