TLDR: You do not have to give a recorded statement to the other driver’s insurer. Your own insurer may require cooperation under your policy, but you can set the time, keep it short, and have a lawyer present. If you already spoke on the record, you can still correct the record in writing.
First Steps if an Adjuster Calls
- Ask which company they are with and whether they insure you or the other driver.
- Get the caller’s name, phone, claim number, and a copy of any authorization they want you to sign.
- Do not agree to a recorded call on the spot. Schedule it only if required by your policy, and only after you review the car crash report and see a doctor.
Who Is Asking, and What Are Your Options
| Who is the insurer | Are you required to give a recorded statement | Best response |
|---|---|---|
| Other driver’s insurer | No | Decline the recording. Offer written basics only, or refer them to your lawyer. |
| Your own insurer | Often yes, you must cooperate | Schedule a later time. Keep to facts. Have counsel present if possible. |
| Your UM or UIM claim | Often yes, policy cooperation required | Same as above. Confirm you will receive a copy of the audio. |
| Property damage only adjuster | Usually no recording needed | Share repair facts in writing. Keep injury details out of that call. |
How To Politely Refuse a Recorded Statement
Use a short script and repeat it as needed.
- To the other driver’s insurer: “I am not comfortable giving a recorded statement. Please send your questions in writing. I will respond after I have spoken with my attorney.”
- To your own insurer when you need time: “I will cooperate under my policy. I would like to schedule the statement after I review the crash report and see my doctor.”
- If pressed on the call: “I am not prepared to be recorded today. I prefer to communicate in writing or with my attorney present.”
If You Already Gave a Recorded Statement
Do not panic. Take these steps in the next 24 to 72 hours.
- Write down the date and time of the call, the adjuster’s name, and what you recall saying.
- Request a copy or transcript. Send a short email that says, “Please provide the audio or a verbatim transcript of my recorded statement on (the date you made your statement).”
- Correct the record in writing. Keep it factual. Example: “During my statement I said I felt fine. I had not yet seen a doctor. Since then my physician diagnosed a concussion on (the date of the diagnoses).”
- Stop talking about injuries on any calls. Ask for questions in writing, or direct calls to your lawyer.
What Adjusters Commonly Ask, and Safer Ways To Answer
- “Were you hurt” Safer: “I am still being evaluated. I will provide medical updates in writing.”
- “How fast were you going” Safer: “I prefer not to estimate speed. The report and vehicle data will show the facts.”
- “Did you see the other car before impact” Safer: “I do not want to speculate beyond what is in the report.”
- “Were you using your phone” Safer: “I will respond through my attorney after I review the report.”
What To Avoid
- Do not guess. If you do not know, say so.
- Do not volunteer extra details. Answer only what is asked, then stop.
- Do not sign blanket medical authorizations that allow full history access. Ask for limited, time-bound requests.
- Do not discuss prior injuries without context. Keep that for your attorney and doctors.
When You May Need To Cooperate
Your policy likely requires reasonable cooperation for claims with your own insurer, including UM or UIM. You can still protect yourself. Ask for the questions ahead of time. Set a date and time. Ask for a copy of the audio. Keep the call short and focused on facts you know are accurate.
Prepare Before Any Statement
- Read the crash report and your notes.
- List the who, where, and when in simple bullet points.
- Note all symptoms and doctor visits with dates.
- Decide what you will not discuss, such as estimates of speed or fault.
Attorney Omar Can Help
You can route all adjuster calls to our office. We help clients correct prior statements, send preservation letters, and manage insurer communications. Call 1-833-438-6627 or contact us for a free, confidential review.
FAQs
Can the other driver’s insurer force me to give a recorded statement?
No. You can refuse and ask for written questions.
Can my own insurer cancel my coverage if I refuse?
Your policy requires cooperation, which can include a statement. You can still set fair conditions and have a lawyer present.
What if I already said I was fine?
Request the audio, then correct the record in writing after you see a doctor.