Should I Give a Recorded Statement to an Insurance Adjuster?
Should I Give a Recorded Statement to an Insurance Adjuster?
As a personal injury attorney, I often get this question: “Should I give a recorded statement to the insurance adjuster?” My answer is almost always the same—no, not without talking to a lawyer first. Insurance companies may sound helpful and friendly, but their goals rarely align with your best interests. When you give a recorded statement, you risk damaging your claim in ways that you may not even recognize. In this post, I’ll explain why recorded statements are risky, how insurance companies use them, and what you should do instead to protect your rights.
Should I Give a Recorded Statement to an Insurance Adjuster If They Are My Adjuster?
Insurance adjusters represent the insurance company—not you. Their job is to minimize the amount their company pays out. It is true even when you are dealing with your insurance company. While they may appear sympathetic, they work within systems designed to protect their bottom line. When you speak to them, especially in a recorded format, they listen carefully for ways to reduce or deny your claim. They want to find any reason to deny your fire claim, personal injury protection claim (basic reparation benefits or PIP benefits), car accident claim, truck accident claim, motorcycle accident claim, theft claim, etc.
Even a seemingly innocent statement like “I’m feeling okay” can be twisted later to argue that your injuries aren’t serious. Adjusters train specifically to elicit these kinds of responses. They know how to ask questions in ways that sound harmless but are designed to produce statements the company can use against you.
Should I Give a Recorded Statement to the Insurance Company If These Statements Can Be Used Against Me?
Anything you say in a recorded statement becomes evidence. Insurance companies store and transcribe your words. If you make a mistake or misspeak—even unintentionally—they can and will use it to challenge your credibility or the severity of your injuries. You might forget a detail or describe something inaccurately, and that single misstep can haunt your case for months or years.
For example, let’s say you say, “I didn’t see the other car until it hit me.” That could be used to suggest you weren’t paying attention, even if the other driver clearly caused the crash. The adjuster’s job involves finding statements like that and building a case to either blame you entirely or reduce their company’s payout by assigning you partial fault.
You May Not Fully Understand Your Injuries Yet
After an accident, adrenaline can mask pain. Symptoms often develop over days or even weeks. If you give a recorded statement shortly after the incident, you may unintentionally downplay your injuries. Saying “my back feels a little sore” could later be used to challenge a diagnosis of a herniated disc.
Without the benefit of medical records, diagnostic imaging, and a proper recovery period, you simply cannot provide a full picture of your condition. Once you make a statement, however, it becomes difficult to walk it back—even if later medical evidence supports a more serious injury. Our injury law firm in Louisville, KY takes a measured approach and provides the insurance company information we can support with medical records and physician opinions.
You Might Not Remember Everything Accurately
Accidents happen quickly. In the immediate aftermath, your memory might be incomplete or even inaccurate. That’s normal. Our Louisville injury lawyers have seen it all. Trauma affects everyone differently. But if you give a recorded statement, the insurance company will hold you to it, even if it turns out that new evidence later clarifies the facts.
If you say something like, “I think I was going about 40 miles per hour,” and later evidence shows you were going 35 or 45, they may try to portray you as unreliable or dishonest. These small discrepancies can seriously damage your credibility.
Should I Give a Recorded Statement to an Insurance Adjuster if the Adjuster Asks Leading Questions?
Insurance adjusters know how to craft questions that lead you toward damaging answers. They may start with basic facts, but then shift into questions like:
“So you didn’t see the spill before you fell?”
“You said you were distracted for a second—what were you doing?”
These types of questions can feel casual, but they’re designed to elicit responses that shift blame or reduce the value of your claim. Sneaky. Even if you answer honestly, you may unknowingly provide material that the company can twist to suggest negligence on your part.
Should I Give a Recorded Statement to an Insurance Company if I am Not Legally Obligated to Provide One?
You have no legal obligation to provide a recorded statement to the other driver’s insurance company. They may try to pressure you. They may suggest that your claim cannot move forward without it. That is not true. You have every right to consult a lawyer first and you absolutely should. Our injury lawyers advise all our clients to avoid giving any recorded statement without an injury attorney being present.
If the recorded statement is for your own insurance company, the rules may differ slightly depending on your policy. Still, you should consult a personal injury attorney before proceeding. Our Louisville injury lawyers can help you by monitoring the interview for deceiving questions and, when necessary, object to ensure your rights remain protected.
Giving a Recorded Statement Without Legal Advice is a Risk You Do Not Need to Take
Accident victims have enough to deal with—medical appointments, pain management, lost income, and emotional stress. The insurance company may act like giving a recorded statement will make things easier, but in reality, it adds another layer of risk. You do not gain anything by going it alone. But you stand to lose a great deal.
Our personal injury attorneys in Louisville, KY understand how to communicate with insurance companies. We know their tactics and how to counter them. When you hire our team of injury lawyers, we step in as your advocates. Our injury lawyers help injury victims across Kentucky and Indiana. We speak for you, handle communications, and prevent the insurance company from using your words against you.
What Happens If I have Already Given a Recorded Statement?
If you have already given a recorded statement, do not panic. Your case is not necessarily doomed. Contact our personal injury attorneys immediately. We can review what you said, assess any damage, and develop a strategy to strengthen your case moving forward. It is important to act quickly, though. The longer you wait, the fewer options you may have.
Should I Give a Recorded Statement to an Insurance Company If They Try to Use Delays Against Me?
Many adjusters act friendly at first. They may urge you to “just get the facts down now so we can move things along.” But once they have your recorded statement, their tone often changes. If you later seek more medical treatment, they might say, “Well, in your statement you said you felt fine.” They will use your own words as a tool to justify delay or denial.
When you avoid giving a recorded statement, you retain control of the timeline and narrative. You allow yourself time to receive proper medical care and legal guidance. You stay in a stronger negotiating position.
What Should You Do Instead?
If you’ve been in an accident, focus on these steps instead of speaking to the insurance company:
- Seek medical attention immediately. Get documentation of all injuries and follow your doctor’s advice.
- Document everything. Take photos of the scene, injuries, and property damage. Write down your recollection of what happened as soon as possible.
- Avoid discussing the incident with anyone other than your doctor and lawyer. This includes social media.
- Contact our team of personal injury attorneys. We can protect your rights and handle all communications with insurers.
Refer all adjusters to your Louisville lawyer. Once you have legal representation, the insurance company must communicate through your injury attorney.
Advice from a Personal Injury Attorney
I have seen too many clients sabotage their own cases simply by trying to be helpful. They believed that giving a recorded statement would speed things up or show that they were being honest. The truth is, honesty is not enough. The insurance company will use your own words to minimize your injury, shift the blame, or reduce your payout.
You deserve full and fair compensation for your medical bills, lost wages, pain and suffering. But you will not get it by cooperating blindly with the insurance company. You get it by fighting smart and that means not giving a recorded statement without legal representation present.
Protect Your Rights, Not the Insurance Company’s Profits
Insurance companies exist to make money. Their primary goal is not to help accident victims. Their adjusters know how to ask the right questions to trap you in your own words. If you give a recorded statement, you give them ammunition to use against you. But when you hire an experienced injury lawyer at Stein Whatley Astorino, PLLC, you level the playing field.
You do not need to go through this alone. Our personal injury attorneys can protect your interests, handle all communications, and help you pursue the full and fair value of your claim. So, when you’re asked, “Should I give a recorded statement to an insurance adjuster?” your answer should be simple:
Not without my lawyer.
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