A recorded insurance statement starts with one important question
Before giving a recorded insurance statement, identify which insurer is asking and what claim it is handling. Your own insurer may have cooperation rights under the policy. The other driver's insurer has a different role. I would review the request so that you can respond accurately while protecting the coverage and claims involved.
A request described as routine can still matter. The recording may later be compared with medical records or testimony. That is a reason to understand the process and prepare, not a reason to feel that you need perfect recall of a stressful event.
Your account deserves the time and care needed to get it right. If you are injured, taking medication or unsure who is calling, it is reasonable to obtain the caller's details and arrange an appropriate response rather than answer substantive questions without context.
Your insurer and the other driver's insurer have different roles
Your own policy may require notice and reasonable cooperation in investigating a covered claim. The exact requirements depend on the policy and the benefits sought. A PIP claim and an underinsured motorist claim may involve different questions, even when the same company handles both.
You ordinarily have no insurance contract requiring you to give the other driver's carrier a recorded interview. That does not mean every communication should be ignored. The request should be assessed, particularly if you are represented or a legal proceeding has begun.
Obtain the adjuster's name, company and claim number. Ask which coverage the call concerns. Those basic details let counsel identify the file and determine what response is appropriate. An accurate account can then be provided through the right process instead of being repeated to several people without knowing their roles.
Why timing can affect an answer
Immediately after a collision, you may know that something hurts without knowing the diagnosis. Other symptoms may become more apparent later. An early answer should reflect what you know at that time, with any uncertainty made clear.
The same is true of how the collision occurred. You may have felt an impact without seeing the other vehicle approach. A statement should distinguish personal observation from an inference based on what someone later told you. Further investigation can address the missing information.
If you need medical attention or are unable to concentrate, say so and discuss scheduling with counsel. Do not disregard a policy deadline; address the reason an interview needs to be arranged differently. A clear response can preserve cooperation while allowing the process to be handled appropriately.
Preparing means reviewing, not rehearsing a script
Preparation can include reviewing the accident timeline and documents that may refresh your memory. It should help you understand the subjects, not supply words you are expected to repeat. Your answers remain yours.
Listen to the whole question. If it is unclear, ask for clarification. If the question asks for an exact distance or time that you do not know, explain that. A qualified estimate may be appropriate when there is a reasonable basis, but it should not be presented as a measurement.
When describing an injury, use concrete terms that fit your experience. You may be able to perform an activity with more time or assistance than before. That is a meaningful limitation even though the activity is not completely impossible. Accurate detail gives the listener a better understanding than an absolute statement that leaves out the context.
Reviewing documents and authorizations separately
An adjuster may also request medical records or an authorization. The scope of that request deserves its own review. Records relevant to the claim may need to be provided, but a broad authorization can raise questions about unrelated information or the time period covered.
Send the actual form to counsel rather than summarizing it from memory. The wording determines what you would be authorizing. Ask for a copy of any statement or document you sign, and keep the correspondence identifying when it was requested.
An examination under oath is another procedure that may arise under the policy. It should not be treated as an informal recorded call. If the request uses that term or comes from an insurer's attorney, bring the full notice to counsel so that its requirements can be evaluated before the appointment.
If you already gave a statement
Giving a recorded insurance statement before speaking with a lawyer does not automatically determine the outcome of the case. Tell counsel when it occurred and what you remember being asked. Obtain a copy if available so that the actual answers can be reviewed.
If an answer was mistaken or incomplete, identify the issue promptly. There may be a proper way to clarify it, depending on the circumstances. The original recording should be preserved, and any correction should explain the accurate information rather than attempt to conceal the earlier answer.
The useful next step is a review of the request, the policy and the facts. I want you to understand when cooperation is required and how an unnecessary or overbroad request can be addressed. That allows your account to be presented carefully while the rest of the injury investigation continues.
Sources and Further Reading
About Michael B. Fusco
Michael B. Fusco is a New Jersey personal injury attorney certified by the Supreme Court of New Jersey as a Civil Trial Attorney. Read Mike’s biography and credentials.
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General Information
This article provides general information, not legal advice for a particular situation. Laws and policy terms must be applied to the actual facts. Reading this article or contacting the firm does not, by itself, create an attorney-client relationship.