How to Give a Recorded Statement to An Insurance Company (2024)

At Sussman & Simcox we always recommend that you retain an attorney before agreeing to give a recorded statement to an insurance company, even your own. Once recorded, your statement is permanent and can be used years later if a case is in suit. So before you agree to a statement, it is really important to understand not only the issues at play, but HOW to answer questions. An attorney can help.How to Givea Recorded Statement to An Insurance Company (1)

In most instances, a recorded statement is not required at all, despite the typical claim from the insurance representative that a recorded statement is required if they are to “complete the investigation into your accident.” In the rare case that a statement is required (we can help answer that question), you should take the process seriously.

Proving Accident Details

Before you give a recorded statement, take some time to prepare. Ensure you understand the incident's details, and have any relevant documents or photos on hand. Details matter and can add credibility to your account. Do you remember the street names? Which direction you were traveling? The weather? The type of cars involved? Where was the other car when you first saw it? An answer, “I don’t know, the car just came out of nowhere,” is weak, and more likely to hurt your case more than help. Take time to think about the facts, and write down key points to remind you what you want to say. The more prepared you are, the better you are likely to do. Never agree to a statement if you are on medication, in a rush, or in a distracted environment.

Avoid Speculation in Your Recorded Statement

It is important to stick to the facts when giving a recorded statement. Avoid casual chit-chat and avoid speculating or guessing about details you are unsure about. Stick to what you know for sure and be clear and concise in your answers. If you do not know the answer to a question, say so, rather than guessing or making assumptions. “I can’t be sure, but I’ll bet the other driver was on the phone” is classic speculation that is best left out of a statement.

Always Be Truthful

It is essential to be honest during the recorded statement. If you are caught lying, even about inconsequential matters, it ruins your credibility on more important case issues. Even if you think a small lie may not be a big deal, it could come back to haunt you in the future. Be truthful about what happened, and avoid exaggerating or downplaying any details.

The Issue of Fault is Paramount

In Maryland and D.C., the law is such that if the crash victim is even 1% at fault, their ENTIRE claim is barred. Let that sink in. Thus, a favorite tactic of an insurance company looking to deny your claim is to poke around at YOUR conduct to create an argument that you contributed to the crash. Watch out for bait questions like “So it sounds like maybe you were going a little fast?” or “If you had to do it over, how do you think you might have avoided the collision?” Don’t admit fault or give the other side reason to argue that you were at fault.

Be Polite

During the recorded statement, it is essential to be polite and respectful. Avoid getting defensive or angry, as this could harm your credibility. Answer the questions calmly and professionally, and avoid arguments or debates with the insurance adjuster.

Don't Agree to Anything

During the recorded statement, the insurance adjuster may try to get you to agree to certain things or sign documents. It is essential not to agree to anything without fully understanding the implications. If you are unsure about anything, ask for clarification or speak to an attorney before agreeing to anything.

Get a Copy of Your Statement

After you have given the recorded statement, ask for a copy of the transcript or recording. This will allow you to review what was said and ensure that there are no mistakes or inaccuracies. If you do find any mistakes, contact the insurance company immediately to have them corrected. YOU can even record the statement yourself, if your phone has such a program, but notify the claim rep that you intend to make your own recording. Having your own copy can be a good reminder of what you said, months or even years later.

How to Give a Recorded Statement to An Insurance Company (2024)

FAQs

How to Give a Recorded Statement to An Insurance Company? ›

Do not provide extensive explanations. Answer only the questions asked, and keep your answers brief and to the point. The less you say, the less likely it can be used against you.

Why is my insurance asking for a recorded statement? ›

Insurance adjusters will ask for a recorded statement as they are gathering information soon after the accident. This helps them to determine fault and how much compensation should be paid. Everything you say in your statement will be transcribed and put into a document, which becomes part of your claim file.

Is it good to give your own statement to an insurance? ›

The main reason to avoid making a recorded statement after an accident, even to your own insurance company, is that a recorded statement is much less precise than a written one.

How to prepare for a recorded statement? ›

How to Give a Recorded Statement to An Insurance Company
  1. Proving Accident Details. Before you give a recorded statement, take some time to prepare. ...
  2. Avoid Speculation in Your Recorded Statement. ...
  3. Always Be Truthful. ...
  4. The Issue of Fault is Paramount. ...
  5. Be Polite. ...
  6. Don't Agree to Anything. ...
  7. Get a Copy of Your Statement.

How do I write a statement letter for insurance? ›

7 Tips for Writing a Demand Letter to the Insurance Company
  1. Detail Your Version of Events. ...
  2. Gather & Organize Your Expenses. ...
  3. Calculate Anticipated Expenses. ...
  4. Detail the Negative Impact the Accident Has Had on Your Life. ...
  5. Discuss Your Road to Recovery. ...
  6. Include a Fair and Reasonable Demand Amount.
Jul 3, 2024

Is an insurance company always entitled to obtain a recorded statement from their insured? ›

No law in California makes it mandatory to give an insurance company a recorded statement. This is to avoid you giving out statements incompletely or miss out any important information. Remember once you've given out your statement, it can and may be used against you to deny your claim or reduce benefits later.

What is a record statement? ›

In personal injury law, a recorded statement is a video or audio interview, often taken by an insurance adjuster, detailing a car accident. The interviewer may ask about the moments leading up to the crash, what you saw, and what you did. The moments after a car accident can be painful and disorienting.

Should I tell my insurance company it was my fault? ›

However, it is best not to discuss the issue of fault until you have consulted with an attorney. Politely decline to give a recorded statement until you feel better. The representatives working on claims in insurance companies are trained to ask questions in a way that will benefit their bottom line.

Can insurance companies see your bank statements? ›

Yes. A federal law, the Fair Credit Reporting Act (FCRA), states insurance companies have a “permissible purpose” to look at your credit information without your permission. Insurance companies must also comply with state insurance laws when using credit information in the underwriting and rating process.

Why is my insurance company asking for phone records? ›

With phone records, the insurance company can do a great deal to gather information to prove you are at fault in an accident. Here are some of the ways they may be able to do that: They will use your phone information to determine if you were on the phone while the accident occurred.

What to say when making an insurance claim? ›

Give your name, address, policy number, and the date and time of your loss. Make sure to tell your insurance agent where you can be reached, especially if you are unable to stay in your home. Follow up the call with a letter detailing the problem. Keep a copy of the letter.

How to answer insurance adjuster questions? ›

What Are Some Tips for Talking to an Insurance Adjuster After a Car Accident?
  1. Be Prepared. ...
  2. Stick to the Facts. ...
  3. Limit the Information You Share. ...
  4. Avoid Giving Recorded Statements. ...
  5. Document Your Communications. ...
  6. Avoid Settling Too Quickly. ...
  7. Ask Questions. ...
  8. Consult a Lawyer.
Aug 26, 2024

Do insurance companies record conversations? ›

Insurance companies often record phone calls, but they do this primarily for customer service, training, and quality assurance purposes.

What is the statement that an insured must give an insurance company? ›

Proof of Loss

A formal statement made by the insured to the insurance company providing sufficient information concerning the loss that the company uses to determine its liability under the policy.

How to start a statement? ›

Step-by-Step Guide to Writing a Statement Letter
  1. Step 1: Start with a Clear and Concise Opening. ...
  2. Step 2: Introduce Yourself and Your Purpose. ...
  3. Step 3: Provide Relevant Details and Supporting Information. ...
  4. Step 4: Address Any Concerns or Objections. ...
  5. Step 5: Conclude with a Call to Action or Next Steps.

How do you write a formal letter to an insurance company? ›

Step-by-Step Guide to Writing an Insurance Claim Letter
  1. Gather Information and Documentation:
  2. Start with Personal and Insurance Company Details:
  3. Introduce Your Claim:
  4. Describe the Incident:
  5. Detail Your Claim:
  6. Conclude with a Call to Action:
Feb 9, 2024

Is it normal for insurance company to ask for medical records? ›

Typically, an insurance company will only need to view records of treatment received for the injuries in question (i.e., the ones you are seeking compensation for.) But it is not uncommon for adjusters to try to get a hold of your past medical records too. They do this to try to get an upper-hand in your case.

Why does my insurance want my phone records? ›

With phone records, the insurance company can do a great deal to gather information to prove you are at fault in an accident. Here are some of the ways they may be able to do that: They will use your phone information to determine if you were on the phone while the accident occurred.

Why are insurance calls recorded? ›

The goal of an insurance adjusters' job is to prove that the accident happened and is not fraudulent. By recording the call, they are weeding through fraudulent claims. The insurance adjuster also decides the terms of paying out auto claims and for how much.

Why do insurance companies need financial statements? ›

Underwriters frequently request financial statements when they provide both new business and renewal quotations. This is because an insured's financial condition is an important factor in assessing its insurability, commitment to loss control programs, and ability to pay premiums.

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