If the at-fault driver’s insurance company asks for a recorded statement after your Florida car accident, you are generally not legally required to give one. Before agreeing, it’s important to understand why the statement is being requested and how it may affect your injury claim.
KEY TAKEAWAYS
- You must cooperate with your own insurance company.
- You generally do not have to give a recorded statement to the at-fault driver’s insurer.
- A recorded statement may later be used against you in litigation.
- Speak with an attorney before agreeing to one.
Imagine this:
You were just injured in a Florida car accident.
You’re still sore.
Your vehicle is sitting in the body shop.
Then your phone rings.
The insurance adjuster says,
“Before we can process your claim, we just need a quick recorded statement.”
It sounds harmless.
Recorded statement? What exactly is a recorded statement? Are you required to give your recorded statement?
We will discuss these questions – and more – in this post.
What is a Recorded Statement?
A recorded statement is the procedure where an insurance representative – typically an adjuster – conducts an interview that is being recorded. The recorded statement is typically conducted by phone, but some recorded statements can be video recorded. Additionally, while the interview is being recorded, there is no court reporter present.
Why Does the Insurance Company Need a Recorded Statement?
The insurance company requests a recorded statement as part of its investigation. It wants to learn how the accident happened, evaluate your injuries, assess liability, and determine how it intends to handle your claim.
Based on what you say, the insurance company will analyze its insured’s liability for the accident and ultimately decide whether it will attempt to settle your claim.
Clearly, the recorded statement is an important part of the claims process and may have a significant impact on your injury claim.
What Questions Will the Insurance Company Ask During My Recorded Statement?
Let’s say you were involved in a car accident and you give a recorded statement to the other driver’s insurance company. Expect to be asked questions such as:
- How did the accident happen?
- Was there anyone else with you in the car?
- Were you texting while you were driving?
- Is there damage to your car?
- Did you call the police after the accident?
- Did EMS come to the scene?
- Were you injured?
- Did an ambulance take you to the hospital?
- Are you employed?
- Where do you work?
- Have you missed time from work?
Are You Legally Required to Give A Recorded Statement?
It depends on which insurance company is asking for your statement.
If your insurance company asks for your recorded statement, you generally do have to give your recorded statement. Under most Florida insurance policies, there are provisions which require you to cooperate with your insurance company’s investigation. These provisions often include specific provisions that state you must give your statement if requested by the insurance company. So if your insurance company requests your recorded statement, you must give it.
However, the answer changes if the negligent driver’s insurance company asks for your recorded statement.
If the negligent or other driver’s insurance company asks for your recorded statement, you do not have to give it. Don’t be fooled into believing you are under any type of legal obligation to do so. There is no Florida statute or Florida case that says you have to give your recorded statement to the other driver’s insurance company.
Why Are Recorded Statements Potentially Dangerous?
Recorded statements can potentially hurt your case. How, exactly?
After a car accident, you are likely still shaken up and uncertain of your injuries. In fact, in the days and weeks that follow your accident your injuries could get worse.
Additionally, right after an accident you may be uncertain of many of the facts surrounding your accident. Indeed, you might make innocent assumptions about certain facts, without even thinking about it. What is more, there might be independent witnesses who saw the accident and who could help provide evidence that actually helps you.
Further, you may not understand all of the questions being asked during your recorded statement. So you might end up giving an answer to a question you do not understand.
Lastly, statements have the potential to become impeachment evidence as we will discuss in the next section.
Can the Recorded Statement be Used During the Injury Lawsuit?
Yes, recorded statements can be used during an injury lawsuit.
Let’s use an example.
John is on I-95 in Palm Beach County driving to work. He experiences a slowdown – which happens often – and carefully comes to a near stop. Unfortunately, the driver behind him is not paying attention and slams into John’s car, injuring him. John goes to the hospital but does not hire a lawyer right away. Also, John doesn’t realize it but adrenaline is masking his pain.
A day after the accident, an insurance adjuster with the at-fault driver’s insurance company calls John and asks for a recorded statement. Not knowing what to do, John decides to go ahead and give a recorded statement.
During the recorded statement, John mentions that he has aches and pains but is otherwise ok. He also says the accident was just that – an accident – and that traffic was very hectic the morning of the accident.
A few days after giving the recorded statement, John begins to feel worse (this, by the way, is quite common). In fact, his pain is so bad he struggles to get out of bed. He also thinks more about the accident and remembers the driver who hit him had plenty of time to stop before John.
After hiring a lawyer and filing a lawsuit, John’s case goes to trial. John testifies to his injuries and how the accident happened on I-95.
During trial, the at-fault driver’s lawyer introduces John’s recorded statement, including John’s statement that it was just “an accident” and that he was feeling “ok.”
John attempts to explain why he made these statements but, as you can see, his statements may hurt his case.
What to do if Asked for Your Recorded Statement?
Remember, if your own insurance company asks for your recorded statement you are likely obligated to give it. If it’s the at-fault party’s insurance company, you are not required to give it.
Importantly, a personal injury attorney will help you decide whether based on the facts of your case it makes sense to give your recorded statement.
Conclusion
If you’ve been injured in a Florida car accident and the at-fault driver’s insurance company wants your recorded statement, remember that you do not have to give it.
Before giving a recorded statement, understand your rights. A brief conversation with an experienced personal injury attorney could help you avoid mistakes that may affect your claim for years to come.
At Barthelette Law, we’re happy to discuss your claim and whether you should give your recorded statement.
We added a question-and-answer section below with more helpful information.
Drive safely!
Additional Frequently Asked Questions
- Can I refuse to give a recorded statement?
You can refuse to give a recorded statement from the at-fault driver’s insurance company. However, if it is your insurance company, you generally do have to give your recorded statement.
- Will my claim be denied if I refuse?
If you refuse to give your recorded statement to the at-fault driver’s insurance company, generally your claim will not be denied. However, the insurance company may take the position that it is unable to evaluate your injury claim without your recorded statement.
- What if I’ve already given a recorded statement?
If you have already given a recorded statement, the recorded statement will likely be binding on you. There may be exceptions – such as the recorded statement was given under duress – but they are difficult to prove.
- Can my lawyer attend?
Yes, your lawyer can attend your recorded statement. In fact, your injury lawyer should attend your recorded statement.
If you have to give a recorded statement, you should expect your injury lawyer to attend.
- Can the insurance company record me without permission?
No. In fact, under Florida law it is actually a crime to record someone without their permission. Under Florida Statute Section 934.03, a party must consent to be recorded.
- What happens if I accidentally say something incorrect?
If you say something incorrect, you generally cannot “redo” your recorded statement. However, your lawyer may want to send a corrective letter or otherwise inform the insurance company of your mistake.
- What if I don’t know or don’t understand a question during my recorded statement?
If you don’t know or don’t understand a question during your recorded statement, make sure to tell the insurance adjuster and either (1) ask them to repeat the question or (2) ask it another way. If you don’t understand a question and answer it anyways, it will be presumed you actually did know the answer to the question.
So again, don’t be afraid to speak up and ask the insurance adjuster to clarify and/or repeat himself or herself.