Why Insurance Companies Want Recorded Statements
Let me be clear: the purpose of a recorded statement is not to "document your claim"
or "help process things faster." The real purpose is to get you on the record saying
something that can be used to deny or minimize your claim later.
Adjusters are trained in questioning techniques designed to:
- Get you to minimize your injuries or damages
- Create inconsistencies between your statement and medical records
- Establish that you may have been partially at fault
- Lock you into a story before you fully understand your situation
- Document admissions against your interest
Critical Warning
Once your statement is recorded, it becomes a permanent part of your claim file.
Every word can and will be analyzed by claims adjusters, their supervisors, and
potentially defense attorneys. You cannot take it back.
Do You Have to Give a Recorded Statement?
To the Other Driver's Insurance Company: NO
You are under no legal obligation to give a recorded statement to another person's
insurance company. Period. You can (and usually should) decline. You can say:
"I am not going to provide a recorded statement at this time. Please send any questions
in writing to [your address or your attorney's address]."
To Your Own Insurance Company: It Depends
Most insurance policies contain a "cooperation clause" that requires you to cooperate
with your insurer's investigation. This may include giving a statement. However:
- Review your actual policy to understand your obligations
- You usually have the right to have your statement in writing instead
- You can request time to prepare and consult with an attorney first
- You can ask for questions in advance
California Note
Under California law, while your policy may require cooperation, your insurer cannot
use unreasonable investigation tactics to deny a claim. If they deny your claim
based solely on your refusal to give a recorded statement (rather than a written one),
this may constitute bad faith. See Cal. Ins. Code section 790.03(h).
Common Recorded Statement Traps
Trap #1: "How Are You Feeling Today?"
This seemingly innocent question is designed to get you to say "Fine" or "Good."
Later, this will be used against you: "The claimant stated she was feeling fine
on [date], which contradicts her claim of ongoing pain."
"I'm doing fine, thanks for asking."
Better Response:
"I'm dealing with the situation. What questions do you have about the claim?"
Trap #2: "Can You Walk Me Through What Happened?"
Open-ended questions invite rambling answers. The more you talk, the more
opportunities for inconsistencies. They'll compare every detail to the police
report, medical records, and any future statements.
Better Approach:
Give brief, factual answers. Stick to what you directly observed.
Say "I don't recall" if you're not certain. Never guess or speculate.
Trap #3: "Did You See the Other Vehicle Before the Impact?"
This is designed to imply you could have avoided the accident. They're trying
to establish comparative fault, which can reduce or eliminate your recovery.
"Well, I saw them coming but I didn't think they would run the light..."
Better Response:
"The accident happened very quickly. I was driving safely and following
traffic laws when the other vehicle struck mine."
Trap #4: "Where Exactly Does It Hurt?"
If you only mention your back, and later discover you also have neck issues,
they'll argue the neck injury is unrelated. But if you list too many things,
they'll claim you're exaggerating.
Better Response:
"I'm still being evaluated by my doctors. I'll provide medical documentation
of my injuries once my treatment is complete."
Trap #5: "Have You Ever Had Any Prior Injuries to That Area?"
They're looking for pre-existing conditions to blame. Even old, fully-healed
injuries from years ago will be used to minimize your current claim.
Better Response:
"My medical history is documented in my medical records. This claim is
for injuries caused by this accident."
Trap #6: "Just to Confirm, You're Saying..."
Adjusters will rephrase your answers in subtle ways that change the meaning,
then ask you to confirm. This is a classic interrogation technique.
"So you're saying you didn't actually see the other car until right before impact?"
Better Response:
"That's not what I said. What I said was [repeat your actual words].
Please don't put words in my mouth."
How Statements Are Used Against You
Here's how insurance companies weaponize recorded statements:
The Inconsistency Attack
They compare your statement word-by-word against:
- Police reports
- Medical records
- Your deposition (if it goes to litigation)
- Social media posts
- Statements to your own insurance company
Any difference, no matter how minor, becomes evidence that you're "not credible."
The Minimization Trap
Early in your claim, you may not know the full extent of your injuries. If you
say you're "mostly fine" or only mention some symptoms, this becomes the ceiling
of your claim.
What You Said
"My neck is a little sore, but I think I'll be okay in a few days."
What Happened
Three weeks later, MRI reveals herniated disc requiring surgery.
Guess which version the insurance company will emphasize?
Your Rights During a Statement
- Request questions in writing first: You can ask to see the questions before giving a recorded statement
- Bring a witness: You can have someone present during the statement
- Take breaks: You can pause to collect your thoughts
- Decline to answer: You can refuse to answer certain questions
- Request a copy: You have the right to receive a copy of your statement
- Correct mistakes: You can correct any errors before the statement is finalized
California Note
California is a "two-party consent" state for recordings (Cal. Penal Code section 632).
The adjuster must inform you that the conversation is being recorded and get your
consent. You have every right to say: "I do not consent to being recorded. Please
send your questions in writing."
The Alternative: Written Statements
In most cases, you can offer to provide a written statement instead of a recorded one.
Benefits of written statements:
- You can carefully review and edit before submitting
- You have time to consult with an attorney
- You can gather documentation to verify facts
- No risk of being pressured or confused by rapid questioning
- Less opportunity for the adjuster to twist your words
If the insurance company insists on a recorded statement, this may be a sign that you
need legal representation.