Visitor Question

Should I give a recorded statement to the claims adjuster?

Submitted By: Victoria (Orange Park, Florida)

I was hit by another car who changed over three lanes at once and claimed they didn’t see me. They received a ticket for improper lane change. The only thing I was doing was going straight and when I saw them coming towards me I had nowhere to go.

When we got out of our cars to assess the damage the other party admitted fault and said they would get everything fixed. Today I called the insurance adjuster to find out when my car will be fixed and she told me she wanted a recorded statement from me as well as her insured.

I agreed but then I decided it might not be a good idea. My phone died at a very good time. But now I’d like to know is it a good recommendation to do so and can they try to twist my words to put me at fault? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Victoria,

Generally speaking, giving a recorded statement to another driver’s insurance company’s claims adjuster is not a good idea. Moreover, you are under no legal obligation to do so.

An insurance company claims adjuster is representing an adverse party. Having your recorded statement gives the adjuster a substantial advantage in the claim. Having your statement means you are basically “locked in” to what you said. If later you decide something you to said to the adjuster was incorrect, or that it was detrimental to your claim, it will likely be too late to change it.

While not giving your statement is your prerogative, the only real disadvantage is slowing the processing of your claim. But that delay is normally negligible. Contact the adjuster and politely say you prefer not to give your statement. Don’t be fooled when the adjuster says you are required to give your statement for the claim to be processed. That’s just not true.

However, in the event you turn to your own insurance company for compensation, you will be required to give your statement. Doing so is required under the cooperation language in your policy. Failing to cooperate may lead to your claim being denied.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: August 11, 2017

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