Do I Have to Give a Recorded Statement to the Insurance Company?

In the days following your car accident, you’ll receive a phone call. It will be from an insurance adjuster, and after a few pleasantries, they will ask the question: “To help us process this claim quickly, would you be willing to provide a recorded statement about what happened?”

It sounds like a reasonable, standard procedure. They say it’s just to get your side of the story on the record. But this simple request is one of the most pivotal moments in your entire insurance claim, and your answer can have significant consequences. The key to answering correctly is knowing which insurance company is asking.

The obligation you have to your own insurance company is vastly different from the one you have to the other driver’s. Understanding this difference is essential to protecting your rights.

Useful Information for You: In a Nutshell

• To the OTHER Driver’s Insurance Company: NO. You are not legally required to give a recorded statement to the at-fault party’s insurer. It is a tool designed to be used against you. It is almost always in your best interest to politely decline until you have spoken with an attorney.
  
   
• To YOUR OWN Insurance Company: YES, likely. Your own insurance policy is a contract that almost certainly includes a “cooperation clause.” This means you have a contractual duty to cooperate with their investigation, which typically includes providing a statement.
  
   
• Why It’s a Trap: The other driver’s insurer uses recorded statements to find inconsistencies in your story, get you to downplay your injuries, or trick you into making statements that suggest you were partially at fault.
  
   
• The Safest Approach: Before giving a statement to any insurance company, it is wise to seek legal advice to understand your rights and prepare for the questions you will be asked.

The Call from the Other Driver’s Insurer: A Strategic Trap

Let’s be perfectly clear: when the at-fault driver’s insurance adjuster asks for a recorded statement, they are not trying to help you. They are an employee of a for-profit company, and their goal is to protect their company’s bottom line by paying out as little as possible.

The recorded statement is their primary tool for achieving this. They will ask seemingly innocent but carefully crafted questions designed to:

• Get You to Admit Partial Fault: “Were you in a hurry?” “Did you see the other car at all before the impact?” They will try to get you to say something that allows them to use Washington’s “comparative fault” law to reduce your settlement.
• Downplay Your Injuries: They will ask, “How are you feeling today?” If you say “I’m fine” or “Okay,” they will use it as evidence that your injuries aren’t serious, even if you are in significant pain.
  
   
• Lock in Your Story: They want to get your immediate, unrehearsed account of the accident on record. If you later remember a key detail or if your medical diagnosis evolves, they will point to your initial statement to claim you are changing your story and damage your credibility.
  
   

How to Handle the Request: You can and should be polite, but firm. Adjuster: “Can I record this call for a statement?” You: “I’m not comfortable providing a recorded statement at this time. I can provide my basic contact information, but I will need to consult with my attorney before discussing the details of the accident.”

This is a complete and perfectly reasonable answer.

The Call from Your Own Insurer: A Contractual Duty

When your own insurance company asks for a statement, the situation is different. Your policy is a contract that requires you to cooperate with their investigation. Refusing to provide a statement could be seen as a breach of that contract and could lead them to deny you coverage for things like Personal Injury Protection (PIP) or Uninsured/Underinsured Motorist (UIM) benefits.

However, “cooperation” does not mean you should go into the call unprepared. Even your own insurer may look for ways to limit their payout.

Before You Give Your Statement:

• Prepare Your Facts: Have the police report and your notes from the scene in front of you. Stick to the objective facts.
• Be Honest, But Brief: Answer their questions truthfully, but do not volunteer extra information or speculate.
• It’s Still Okay to Say “I Don’t Know”: If you are unsure about something, it is better to say “I don’t recall” than to guess.
• Be Cautious About Injury Questions: When asked how you are, the best answer is always to describe your diagnosed injuries or state, “I am still under a doctor’s care.”

Even with your own insurance company, the safest course of action is to seek legal advice before providing a statement, especially if your injuries are serious. An attorney can help you prepare, understand the tricky questions you might be asked, and can even be on the call with you.

The recorded statement is a critical moment in your claim. Navigating it without preparation is a risk you don’t have to take. If you’ve been in an accident in the Tacoma area and are being asked to provide a statement, search the Car Accident Lawyer Directory Tacoma. You can compare profiles and reviews of trusted local attorneys who can provide the guidance you need to protect your rights and ensure your words are not used against you.

References

• Washington State Office of the Insurance Commissioner (OIC) – What to do if you have an accident: Official guidance explaining your rights and responsibilities when dealing with insurers, highlighting the difference between your insurer and the other party’s. https://www.insurance.wa.gov/what-do-if-you-have-accident-and-need-file-claim
• NOLO – “Should I give a recorded statement to the insurance adjuster?”: A reputable legal resource providing a detailed explanation of the risks associated with providing a recorded statement, particularly to the other driver’s insurance company. https://www.nolo.com/legal-encyclopedia/should-i-give-recorded-statement-the-insurance-adjuster.html

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