After an accident or injury, you may be contacted by the other party’s insurance company, a risk manager, or an investigator who wants a statement about what happened. While it may seem harmless, giving a recorded statement can actually hurt your case in several ways. As a personal injury attorney, I’ve seen how insurance companies use these statements to minimize claims and protect their bottom line. Here’s why you should be cautious before agreeing to provide one.
1. Your Statement Can Be Used Against You
When you give a recorded statement, the insurance company is looking for inconsistencies in your account. If you say something that contradicts other evidence—like a police report, witness statement, or even your own recollection later—it could weaken your claim. For example, if you mistakenly say there were two lanes when there was only one, the insurance company may argue that your memory is unreliable and use it to dispute your version of events.
2. They May Try to Confuse You
Insurance adjusters are trained to ask tricky questions that can make you say something inaccurate or misleading. After an accident, you might be in shock or overwhelmed, which can make it easy to misspeak. If you say something unclear or contradictory, they may use it to challenge your credibility and argue that you are not a reliable witness.
3. They Will Try to Downplay Your Injuries
Another tactic insurance companies use is asking about your injuries before you fully understand them. Immediately after an accident, you might only notice a headache or minor pain, while more serious injuries—like back or neck pain—become evident days or weeks later. If you initially only mention a headache and later report back pain, the insurance company might claim you’re exaggerating or making up new injuries.
4. They Will Dig Into Your Medical History
Insurance companies often ask about your prior medical conditions to find something they can use against you. If you had a past back injury or occasional neck pain, they might argue that your current pain isn’t due to the accident but rather a pre-existing condition. However, the law recognizes that accidents can worsen pre-existing injuries, and you are still entitled to compensation. Nonetheless, if you disclose too much, they may try to shift the blame away from the accident.
5. Your Own Insurance May Require a Statement, But You Should Be Prepared
If you are dealing with your own insurance company, your policy may require you to provide a statement. However, even in these cases, you should consider consulting with an attorney before speaking. An attorney can ensure that you answer questions accurately without giving information that could be used to reduce your claim.
What Should You Do Instead?
If the other party’s insurance company requests a statement, politely decline. You are not legally required to give them one. If more information is needed, it can be provided in writing after consulting with an attorney. This way, you can ensure that your statement is accurate and won’t be misinterpreted or used against you.
Final Thoughts
Giving a recorded statement after an injury can do more harm than good. The insurance company’s goal is to minimize what they pay you, and they will look for any way to challenge your claim. Before speaking to anyone, consult with a personal injury attorney who can guide you on the best course of action. Protect your rights and make sure you receive the compensation you deserve.
