Short answer. Find out whose insurer is asking and why before you agree. You may have a duty to cooperate with your own insurer, but the other driver’s insurer generally does not have the same authority over you. Always be truthful, and do not guess.
Whose insurer is asking?
- Your own insurer. Your policy may require cooperation, including giving information and, in some situations, a statement or examination. Read the policy language. Refusing without understanding it could affect your benefits.
- The other driver’s insurer. It represents the other side. You generally are not contractually obligated to give it a recorded statement, and anything you say may be used when it evaluates and disputes your claim.
Why statements cause problems
A recorded statement taken early may later be compared with your medical records, your testimony, and other evidence. Common trouble spots:
- “How are you feeling?” Saying “fine” out of politeness, before symptoms develop, can be quoted back later.
- “Were you hurt?” You may not know yet. “I don’t think so” is not the same as “no.”
- Questions about fault or speed. Guesses about distances, speeds, or what you saw can become part of an argument that you could have avoided the crash.
- Questions about prior pain or treatment. An incomplete answer can be tested against years of records.
If you decide to give a statement
- Stick to facts you know. Say “I don’t know” or “I don’t remember” when that is true.
- Do not speculate about your injuries, fault, or what others were thinking.
- Ask for a copy of the recording or transcript.
- Be cautious about signing broad medical authorizations or releases. Ask what they cover.
- Never lie or withhold information you are required to provide.
If you already gave one
Do not assume your claim is ruined. Write down what you remember saying and bring any paperwork or a copy of the recording to an attorney, who can review how the statement may matter.
Settlement offers and releases
An early offer can be tempting when bills are arriving, but a release can permanently end your right to more compensation from the released parties, even if your injuries turn out to be worse. Understand what the offer covers before you sign.
For more about the car accident claims process, see Florida car accident lawyer and the personal injury overview.