Giving a Recorded Statement After a Slip and Fall: Common Questions

Learn about giving a recorded statement for your slip and fall claim. What you say can impact your compensation, so it pays to be prepared.

If you get injured in a fall accident at a commercial business or private residence, you can file a slip and fall claim with the property owner’s insurance company.

But before you see a dime for your injuries, you must prove that the owner created a hazard on their property or failed to remove one.

An insurance claims adjuster will often call and ask you for a recorded statement in support of your claim. The adjuster might even say that you are required to give a statement, or that you don’t need an attorney. Carefully consider all your options before agreeing to the adjuster’s demands.

Don’t make the mistake of being casual about giving your statement. You could ruin your chances of receiving fair compensation by giving a statement before you are prepared.

Preparing to Give a Slip and Fall Statement

After you file a slip and fall claim with the appropriate insurance company, they will assign an adjuster to handle your claim. Within a few days, you will receive a call from the adjuster, who will likely ask for a recorded statement.

Sometimes these statements are made on the spot, and sometimes they are scheduled. Claimants usually give accounts over the phone, but sometimes they can be provided in person at a convenient location, or even in your home.

If you decide to give the adjuster a recorded statement, protect yourself. If you are not in the right physical, mental, or emotional state to provide an account, you should politely refuse to do so or request to reschedule.

Don’t provide a statement if you are:

  • Upset
  • Confused
  • On certain medications
  • Sleep-deprived
  • In physical pain

If you are nervous or distracted, you may feel rushed and be more vulnerable to leading questions from the insurance adjuster.

Be Cautious with Your Words

Whether you agree to give a statement or not, anything you say to the claims adjuster can impact your premises liability claim.

Decide whether or not to handle your insurance claim without an attorney.  If you’re handing your own claim, decide what to do about your statement.

If you agree to make a verbal recorded statement, most adjusters allow you to speak freely without any interruptions. The insurance company wants you to explain what took place before, during, and after your slip and fall in your own words.

To decrease the validity of your claim, the adjuster might intentionally ask you leading questions or request explanations.

Examples of tricky questions include:

  • “It sounds like you were in a hurry when you went into the store.”
  • “So, you weren’t looking where you were going?”
  • “You did realize the walkway was icy, didn’t you?”
  • “The floor appeared wet, right?”

These schemes try to put words in your mouth that will decrease your compensation. Be careful that the adjuster does not manipulate your statements for the benefit of the insurance company.

Stick to the facts when giving recorded statements. Do not:

  • Estimate or guess
  • Complain
  • Talk about anything not directly related to your claim
  • Make any statements about your personal life
  • Say anything or use language that you wouldn’t want a jury to hear

Create an Outline

Make a detailed outline of the events leading up to your slip and fall and after the fall. An outline will remind you to mention the critical points and help you stay on track.

Use the incident report or your injury journal as a reference when building your outline or giving your statement. If you are not ready when the adjuster calls, politely tell them you need to reschedule.

Example: Recorded Statement Outline

Here’s a sample outline for a slip and fall at a grocery store. The injury victim suffered a broken wrist.

Before the fall:

  • I got to the grocery store at about 6:00 p.m.
  • I went through the south entrance and walked through the bakery to the dairy aisle
  • I walked at an average pace and noticed there was no one else in the aisle
  • I did not notice any signs in the aisle

The slip and fall event:

  • As I approached the milk cooler door, my right foot slid in front of me
  • My body fell backward
  • I put my left hand behind me
  • I landed on my back on top of my hand and wrist
  • The floor felt wet underneath me
  • I noticed a sharp pain in my left wrist, and my fingers felt tingly

After the fall:

  • A store employee who was walking by approached me and apologized
  • The store’s security camera recorded the incident
  • The manager came and completed an incident report
  • The police and EMTs arrived and took me to the emergency room for medical treatment

Try to include all the essential facts about your accident in the outline. Make the language brief and stick to the points you know. Never guess or speculate. Outline the facts in order.

Record Your Statement

You can ask the adjuster for a recorded file or a typed transcript of your statement. While they are not legally obligated to give you a copy, you do have the right to record your own statement. Just make sure you tell the adjuster you are recording the call.

If you have your own recording, you won’t need to remember what you said or how you explained your injuries. Your recording can also keep the adjuster from misquoting what you said in the heat of settlement negotiations.

There are many free apps on both Android and Apple platforms that you can use to record the call on a smartphone. If necessary, use a tape recorder while on speakerphone.

Consistent answers support your claim. If you decide to file a lawsuit, you can review your recorded statement to ensure you are consistent about the incident and your injuries before giving testimony under oath.

Am I Required to Give a Recorded Statement?

No. If you are filing a third-party claim, you are not obligated to give a recorded statement.

The insurance adjuster might say that you must agree to a recorded statement to process your claim or to have it processed quickly. Since you’re not in a contract with the property or business owner’s insurance company, you are not required to give them a recorded verbal statement.

However, if you’re filing a first-party claim with your own insurance company, your contract may state you are obligated to give a statement.

Providing a Written Statement

Instead of providing a recorded statement that puts you on the spot, you should have the option of submitting a written report. A written statement allows you to think about what you want to say and how you want to say it. You can take your time to re-read and edit your statement before submitting it to the insurance company.

Reference your injury documentation when writing your statement.

Questions the Insurance Adjuster May Ask

Knowing what to expect when giving a recorded statement can help you decide if you should agree to one.

Your recorded statement will start with the adjuster saying their name and the date. The adjuster will ask you to state your name, address, and phone number.

Adjusters are required to establish that you are willingly providing a recorded statement about your slip and fall incident and injuries.

Questions to get your permission on the record:

  • Are you aware that this statement is being recorded?
  • Do you agree to have this statement recorded?
  • Do I have your permission to record our conversation?

After the above introduction, the adjuster will begin asking you specific questions about your accident.

Questions about the injury event:

  • Where did your slip and fall happen?
  • How did the slip and fall happen?
  • When did it happen?
  • Are there any witnesses?
  • What are your injuries?
  • Did anyone call an ambulance?
  • Were you treated at the scene?

Questions about your contribution to the fall:

  • Were you using a cell phone or otherwise distracted when the accident happened?
  • What did you do to avoid slipping or falling?
  • What kind of footwear did you have on at the time of the accident?
  • Did your clothing cause you to trip?
  • Did you notice any signs regarding any dangers or wet floors?
  • Was the area blocked off?
  • Did anyone provide you with a verbal warning about dangers in the area?

Expect the adjuster to ask personal questions:

  • Did you seek medical care after your slip and fall?
  • Did you use any drugs or alcohol in the 24 hours before your slip and fall?
  • How did you feel immediately before this incident?
  • What is your occupation?
  • What is your income?
  • How are you feeling now?
  • Do you have any chronic conditions or old injuries?

Don’t be surprised if the adjuster asks the same question more than once, with slightly different wording. The adjuster wants to catch you contradicting yourself.

Once the claims adjuster finishes asking questions, they might give you the chance to add anything else you want to say. If there are important details you did not have the opportunity to discuss, now is your time. But be careful to stick to the facts of your case and don’t complain or list your frustrations.

The adjuster will end the recording by asking you if what you said in your statement is factual and truthful to the best of your knowledge.

When You Need Legal Advice

Claims for serious injuries should always be handled by a personal injury attorney to maximize your compensation.

Even if you had a relatively minor slip and fall injury, it’s a good idea to speak to an attorney before you agree to give a recorded statement. If you decide to hire a lawyer, you won’t have to worry about a recorded statement or any other communication with the insurance company.

Most personal injury law firms provide a free consultation to accident victims, so you can talk to an experienced attorney free of charge. Since most injury attorneys work on a contingency fee basis, your attorney won’t get paid unless they settle your claim or win your injury case in court.

Don’t wait until the claims adjuster calls and then have to make a split decision about giving a recorded statement. The more prepared you are, the better you can protect your right to compensation.

Why Lawyers Discourage Giving Statements

Personal injury lawyers generally advise injury victims against giving a recorded statement to a claims adjuster without legal representation. Most people aren’t used to being questioned by a trained investigator. Once something potentially harmful is said, there is no taking it back.

Insurance companies train injury claim adjusters to get injured parties to say things that can weaken their claim.

For instance, if the adjuster asks how you are today, you might respond with a simple “Fine, thank you,” “Okay,” or “Good.” However, the company can take your polite response to mean you don’t have any injuries, or that your injuries have healed.

Recorded Statements and Lawsuits

If you intend to file a lawsuit, there’s no need to provide a recorded statement in advance.

Your attorney will give an overview of the facts in the court documents. Later, the lawyer representing the at-fault party will schedule a deposition, where they will ask you questions under oath.

Attorneys use depositions to gather sworn testimony out of court. Depositions usually take place after a lawsuit is filed, and before a trial.

Both sides can schedule depositions to ask involved persons a series of questions about the injury-causing event. The person answering these questions is the deponent.

For example, your attorney can depose the store manager on duty when you fell, as well as any witnesses who saw what happened. Likewise, the store’s attorney can ask for your deposition, or call other witnesses or experts for deposition.

A court reporter is hired to swear in the deponent and record the deposition. Attorneys for both sides can ask the deponent questions during the deposition, or object to questions.

Your attorney attends your deposition to help protect you from saying anything harmful to your case. Your attorney will also work with you before the deposition to know what to expect.

Recorded Statements and Settlements

Most personal injury cases settle before a lawsuit becomes necessary. Your attorney will allow you to give a recorded statement in their presence if your case will likely end with a settlement.

Your attorney can protect you from saying something that will devalue your claim and ensure the adjuster is not asking inappropriate or irrelevant questions.

How Your Statement Helps the Insurer

The insurance adjuster will use your recorded statement to understand the incident and your injuries from your point of view.

The adjuster then compares your recorded account with other pieces of evidence. They will examine any police reports, incident reports, medical records, and witness statements, looking for any inconsistencies in your version of events.

The amount of compensation you receive will partially depend on the details you provide and how well they fit with these other documents.

If you give a statement that hurts your claim, the insurance company will benefit by decreasing your settlement offer. The less they pay on your claim, the more money they can keep.

Keep in mind that a recorded statement is part of the permanent record for your slip and fall claim.  A permanent record means there is no debating what you did or did not say. For this reason, some adjusters might try to get you to say things that will harm your claim. They might even try to confuse you, or twist what you’re saying.

Granted, some insurance adjusters can be pleasant and friendly. They might show what seems like genuine concern for your well-being and come across as sympathetic to your injuries.

No matter how an adjuster acts, don’t let your guard down. The adjuster is not your friend. Their job is to do what is best for the insurance company by denying your claim or paying you as little as possible.