Should you give the adjuster a recorded statement?

What is a recorded statement, and who asks for one?

A recorded statement is a phone call or interview that an insurer records when it handles claims. An insurance adjuster asks you to describe the crash, and the answers are kept ¹².

Insurance adjusters for the other side sometimes push hard for recorded statements. Others casually ask if they may record the call ¹². Texas’s department says the adjuster works for the insurer paying the claim ¹⁷.

Sources that advise claimants name the same topics for recorded statements: how the crash happened, who was at fault, your injuries and your medical history ¹²¹³.

Why do insurers ask for recorded statements?

Illinois and New Jersey say the other driver’s insurance company investigates the claim. It must determine whether its insured is legally responsible and to what extent, the amount of your damages, and whether they are directly related to the accident ¹².

A recorded statement is one way to collect those answers: the adjuster asks about the crash and keeps what you say ¹². Sources that advise claimants name the topics:

• Fault: how the crash happened and who was at fault ¹²¹³.
• Damages: your injuries, plus medical records and bills to support your compensation request ¹²¹³²².
• Cause: your medical history. FindLaw says a pre-existing condition you mention may let the insurance company argue the crash didn’t cause your injuries ¹³.

A statement is only one piece of the claims process. Texas’s department says insurance claim adjusters may look at police reports and get witness statements ¹⁷. Other evidence matters too: New Jersey says that if your version and the other driver’s differ and nothing else persuades, the insurer will defend its policyholder ².

How soon insurers must act on claims differs by state. California says a claim representative should contact you within a reasonable time, sometimes up to 15 days ¹⁶. New Jersey says the other driver’s insurance company must contact you within 10 working days of notice ². In Washington, an insurer must approve, deny or explain a delay within 30 days after you start your claim ¹⁹.

Do you have to give the other driver’s insurance company a recorded statement?

Generally, no. Illinois’s insurance department says: “There is no law that sets forth the information you must provide” ¹. New Jersey’s says the same ².

AllLaw, a legal-information site, adds that no state or federal law requires you to talk to the other driver’s insurance company ¹¹.

That insurance company is on the other side of the claim. Both departments say its primary obligation is to its own policyholder ¹².

But the claim still runs on information. Both departments say giving as much as you can helps you prove it ¹². Texas’s department adds that independent witnesses can help prove fault. If you have no witnesses and the other driver denies fault, the other driver’s insurance company might deny your claim ¹⁸.

What if my own insurance company wants a recorded statement?

Your own insurance company is different, because you have a contract. Illinois describes it as a direct contract that requires your insurance company to meet every condition in your policy ¹.

Texas’s Office of Public Insurance Counsel says: “You are required to cooperate with your insurance company” ³. The NAIC says you “should cooperate with the adjuster’s investigation” ⁴.

California’s Department of Insurance says that after you file a claim, your insurance company will contact you for details about the loss and may take a written or recorded statement ¹⁶. It adds that an examination under oath can sometimes be requested, and other drivers and witnesses may be contacted ¹⁶.

The standard personal auto policy form asks you to “cooperate with us in the investigation, settlement or defense of any claim or suit” ¹⁰.

The same form lets the insurance company ask for an examination under oath, doctors’ exams and medical records ¹⁰.

That summary does not name a recorded statement. Your policy’s wording is what counts.

If you don’t cooperate, your insurance company could treat it as a breach and deny coverage or refuse to defend you ¹¹. FindLaw says a “duty to cooperate” clause means giving reasonable information, but you can be strategic about how and when you give detailed statements ¹³.

The model form adds a limit. It applies when the failure is “prejudicial to us,” meaning it hurt the insurance company ¹⁰.

Your two insurance companies side by side

Can I refuse to give a recorded statement to an insurance company?

It depends on who is asking. You generally don’t have to give one to the other driver’s insurance company ¹²¹². With your own insurance company, refusing outright can put your claim or coverage at risk ¹¹¹³.

Saying no to a recording is not the same as refusing to cooperate.

AllLaw suggests offering a written statement instead. It lets you take your time and review it with a lawyer ¹¹.

New Jersey’s warning is about full non-cooperation. It says the insurance company “could deny your claim altogether,” and that the 45-day window to settle or explain can stretch ².

FindLaw gives a script for the delay: tell the insurance company you need time to gather your thoughts or talk to your attorney first ¹³.

What a refusal does to a particular claim depends on your state, your policy and the facts.

What should you say, or not say, to insurance adjusters?

Agencies name some cautions. Which one fits depends on who is asking and where you live.

On fault, California’s department lists “things to avoid” after a crash, including signing statements regarding fault ¹⁶. Fault affects your compensation. In Illinois and New Jersey, which follow comparative negligence, a settlement can be reduced by your percentage of fault ¹².

On injuries, timing matters. Illinois notes you may not be ready to settle a bodily injury claim while medical bills are still coming in ¹. Nolo adds that quick compensation offers can come before you understand your injuries ¹².

With your own insurance company, Texas’s department says to explain what happened and answer questions as thoroughly as possible ¹⁸. Once you are served with a lawsuit, California says to give statements only to a verified representative of your own insurance company ¹⁶.

Texas’s department suggests getting the adjuster’s contact information and the best time to call. It says you can ask the company to assign a different adjuster if you can’t work out a problem ¹⁷. On an offer you disagree with, the NAIC says not to feel rushed or forced to agree ⁴.

What does a recorded statement cover, and what can you do before you agree?

Here are the steps the sources name. They are options, not a rule for your case.

On medical releases, see should you sign the other insurance company’s medical authorization?

Do you get a copy of what you said?

In some states, yes. Rules differ, so these are only two examples.

Florida’s statute says anyone who holds a written statement from an injured person must give that person a copy on request ⁵.

A statement can’t be used as evidence in a related civil case unless a complete copy was given when it was taken. The same goes if a later request for a copy was refused ⁵.

Virginia’s law covers recordings too.

Someone who takes a voice recording from an injured person must give a typed transcript within 30 days once it is transcribed, and in every case when the injured person or their attorney asks ⁶.

Your state’s insurance department can say whether yours has a rule like this.

Can a recorded statement be used in court, and how is it different from a deposition?

Under the Federal Rules of Evidence, a party’s own statement is not hearsay when the other side offers it against that party ²⁰. So a recorded statement can come back up if a claim becomes a lawsuit and you are a party. That is the federal rule only; state courts may differ.

A deposition is different. In a federal civil lawsuit, a party may question any person out loud, including another party. An officer puts the person under oath and records the testimony. It is usually limited to 1 day of 7 hours ²¹.

Nolo says it can be nearly impossible later to correct or expand on what you said in a recording ¹². Where your state gives you a right to a copy, you can check what was said ⁵⁶.

Does the insurance company need your permission to record?

Federal law “requires the consent of at least one party before recording” ⁹. The adjuster is a party to the call, so that can be enough.

About 11 states primarily require every party to consent. Four more require it for either in-person talks or phone calls, but not both ⁹.

So the rule depends on your state. If you are unsure whether a call is being recorded, you can ask at the start.

When should you talk to a lawyer?

Nolo lists reasons to talk to one. Your injuries may get worse or are serious. You can’t tell what the claim is worth. The other side has a lawyer. The at-fault driver is uninsured. Or the insurance company refuses to pay ¹⁴.

Weighing whether you need one? See can you settle a car accident claim without a lawyer?

FindLaw adds one that fits this topic. It recommends talking to an attorney before contacting the insurance company if you have injuries, a fault dispute or large property damage ¹³.

Illinois and New Jersey both list legal counsel as an option when claims are denied or offers are disputed ¹².

Free and low-cost help exists. A lawyer referral service, run through your state or local bar association, can point you to a lawyer. Some lawyers offer free services or reduced fees ⁷.

Ask whether there is an up-front fee, and whether you would owe money if you lose ⁷.

Legal aid is free civil legal help for people with low incomes.

The Legal Services Corporation lets you search by address, and it funds 129 groups ⁸. LawHelp.org finds legal aid by state ¹⁵. Ask whether the office handles injury claims.

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Common questions

Sources

1. Filing a claim with another driver’s insurer · Illinois Department of Insurance
2. What you should know (third-party claims) · New Jersey Department of Banking and Insurance, Office of the Insurance Ombudsman
3. Automobile Insurance: first-party claims · Texas Office of Public Insurance Counsel
4. What you should know about filing an auto claim · National Association of Insurance Commissioners
5. Section 92.33, Written statement concerning injury to person or property; furnishing copies; admission as evidence · Florida Statutes
6. Section 8.01-417 · Code of Virginia
7. How can I find a lawyer? · Consumer Financial Protection Bureau
8. Get legal help · Legal Services Corporation
9. Introduction to Reporter’s Recording Guide · Reporters Committee for Freedom of the Press
10. Personal auto policy: parts E and F (summary of the ISO personal auto policy form) · PropertyCasualty360
11. Do you have to speak to the other driver’s insurance company? · AllLaw, Mary Phelan D’Isa
12. How to talk to insurance claims adjusters after an accident · Nolo (hosted on AllLaw)
13. Car insurance claim do’s and don’ts: how to protect your legal options · FindLaw
14. Hire a lawyer or handle your own claim · Nolo (hosted on AllLaw)
15. LawHelp.org · LawHelp.org (Pro Bono Net)
16. So you’ve had an accident, what’s next? · California Department of Insurance
17. Working with an insurance adjuster · Texas Department of Insurance
18. Auto insurance guide · Texas Department of Insurance
19. Filing an auto insurance claim · Washington Office of the Insurance Commissioner
20. Federal Rules of Evidence, Rule 801: Exclusions from hearsay · Legal Information Institute, Cornell Law School
21. Federal Rules of Civil Procedure, Rule 30: Depositions by oral examination · Legal Information Institute, Cornell Law School
22. Were you in a wreck? Tips for auto insurance claims · Texas Department of Insurance