Understanding The Real Reason Behind Recorded Statements
You weren’t the one who caused the accident. You’re the injured party. So why is the other driver’s insurance company calling you up and asking for a recorded statement — like you’re the one on trial?
They might’ve said it’s “just routine” or “part of the process.” Maybe they sounded friendly, even helpful. But now your gut’s telling you to slow down — because something doesn’t feel right.
You’re not alone. Most people in your shoes have the same question: Why do they want this recorded? And more importantly — should you agree to it, or could it hurt your personal injury claim?
Here’s what you need to know: when you’re filing a liability claim against someone else’s insurance, that company isn’t on your side. The adjuster’s job is to protect their policyholder — and their bottom line — by looking for ways to reduce or deny your claim. A recorded statement is one of the tools they use to do it.
In this article, our friends from Culpepper Law Group explain why you’re being asked for a recorded statement, what the risks are, and what to do next to protect your rights and your compensation.
What Is A Recorded Statement — And Why Does The Other Insurance Company Want One?
A recorded statement is exactly what it sounds like: a conversation between you and an insurance adjuster that’s being recorded — typically over the phone. The adjuster asks questions about the accident, your injuries, and what happened before and after the incident. Then they keep that recording as part of their case file.
But here’s the thing you need to know right away: this isn’t just about getting the facts. It’s about gathering evidence — and not in your favor.
The Adjuster Doesn’t Work For You
When you’re filing a liability claim, the insurance company on the other end is working for the person who injured you — not you. Their goal is simple: pay out as little as possible.
That means they’re looking for anything in your statement that could:
- Contradict other evidence or previous statements
- Suggest you were partly at fault
- Downplay your injuries or make them sound less serious
- Show delays in seeking treatment
- Highlight uncertainty or inconsistencies in your story
“It’s Just Routine” Isn’t the Full Truth
Adjusters often present the request for a recorded statement like it’s just a checkbox in the process. They may say things like:
- “We just want to understand what happened.”
- “It’ll help us process your claim faster.”
- “This is something we do for every file.”
What they won’t tell you is that your words can and will be used against you if they can find a way to spin them that benefits their case.
Are You Required To Give One?
Let’s get straight to the point:
- You are not legally required to give a recorded statement to the other person’s insurance company. Full stop.
- They might ask nicely. They might make it sound urgent. They might imply that your claim will be delayed or denied if you don’t cooperate. But here’s the truth:
- If the insurance adjuster works for the at-fault driver’s insurance company, you have absolutely no obligation to speak with them — recorded or otherwise.
This Isn’t Your Insurer – It’s Theirs
This adjuster doesn’t represent you. They represent the company that’s potentially on the hook for paying your medical bills, lost wages, and pain and suffering. That’s why every question they ask is carefully chosen — and why every answer you give can be used to limit or deny your compensation.
What If They Pressure You?
They may say:
- “We can’t process your claim until we get your statement.”
- “It’ll just take a few minutes.”
- “We’ll have to close the file if you don’t cooperate.”
These are pressure tactics, not legal requirements. You’re within your rights to say:
- “I’m not comfortable giving a recorded statement without legal advice.”
Different Rules For Your Own Insurer
If you’re making a claim through your own insurance (e.g., under uninsured motorist coverage), your policy might require a statement. But that’s a different case — and even then, legal guidance is smart.
Why Giving A Statement Can Hurt Your Claim
You might be thinking, “But I’m just telling the truth — what’s the harm?”
That’s exactly what insurance adjusters count on.
Even if you’re being completely honest, giving a recorded statement without legal advice can seriously weaken your personal injury claim. Not because you’re lying — but because you’re not trained to think like a claims adjuster or a defense attorney.
- You might say something that sounds inconsistent
“I think it was around 5 o’clock.”
“Maybe it was closer to 5:15.”
That tiny detail? It could be used to argue your story is unreliable.
- You might minimise your injuries without realising it
Saying “I’m okay” during small talk could be taken as proof that your injuries aren’t serious.
- You might guess or speculate – and it can backfire
Even a casual “I might’ve been going a little fast” could be twisted into an admission of fault.
- They’re trained to ask questions that help them, not you
Seemingly harmless questions are often designed to trap you:
- “You didn’t go to the ER right away?”
- “You were able to drive after the accident?”
- “You didn’t see the other car?”
Tactics Adjusters Use To Get You Talking
Insurance adjusters are trained to sound calm, helpful, and trustworthy — especially when they know you don’t have a car accident lawyer.
- “This is just routine.”
They make it sound like everyone does it. You don’t have to. - The “Friendly Chat” Trick
Small talk can lead to damaging statements without you realizing it. - Guilt-tripping you into cooperating
“You don’t want to slow down the process, do you?”
Don’t fall for it. It’s not your job to make their job easier. - Discouraging You From Hiring A Lawyer
They may say it’ll complicate things. In reality, it’ll protect you.
What To Do If You’re Asked For A Recorded Statement
Here’s your step-by-step guide:
DO: Stay calm and polite
“I’m not comfortable giving a recorded statement right now.”
DO: Take their info
Write down their name, company, and claim number.
DO: Speak to a lawyer
Many offer free consultations. Don’t guess — get advice.
DON’T: Speculate or fill in the blanks
If you’re unsure, say you don’t know.
DON’T: Downplay your injuries
Even small comments can be twisted later.
DON’T: Let them rush you
You’re allowed to take your time and protect yourself.
When It Might Be Okay To Speak — And Why A Lawyer Should Be Involved
There are rare situations where it may make sense to speak with the insurer — but only if:
- A lawyer advises it as a strategy
- Your claim is being delayed for lack of cooperation
- It’s part of a settlement negotiation and handled professionally
Always have legal guidance before agreeing to any recorded conversation.
Key Takeaways & What To Do Next
- You don’t have to give a recorded statement
Especially not to the other party’s insurer. - It can hurt your case
Even honest statements can be used against you. - Adjusters are not neutral
They’re protecting their company’s money — not your rights. - Get legal advice first
Before you say a word, speak to someone who’s on your side.
Protect Yourself Before You Speak
If an insurance adjuster is asking you for a recorded statement, pause and protect your rights. You’re not legally required to speak to them — and doing so could hurt your case.
