The Recorded Statement: This is a trap!

If you decide to give the statement or already gave one, these pages could still help!

The Recorded Statement is an issue where there is a lot debate. Insurance companies will push very hard to get this statement from you. There are different views regarding the issue. Some attorneys policy is not to have any client give any statements. Others do not really care. I believe you should not give one unless you are represented by an attorney.

The problem is that insurance companies will drag their feet and will leverage against you so you give them an statement. My best advice to you is this: never give a recorded statement to the other party�s insurance company. This information will only be used against you. They will ask for it several times. They will tell you that the investigation cannot go forward unless they have your statement.

This is NOT true. They can have their own clients recorded statement, get the police report, and get your verbal statement (same statement just not recorded). This information will give them enough to make a liability (fault) decision.

If the other insurance company is very pushy about getting you in the recording and they do not want to take a verbal statement. Tell them that it is your right to decline a recorded statement, but that you will allow for your own insurance company to provide a transcription of the tape to them.

This way it will be your insurance company taking the statement and not the opposing party. Be careful of this, they can still try to use your own transcription against you. So only use this if they are being very difficult and you need to move the claim forward.

You should weight carefully whether you give you own insurance company a recorded statement. They are supposed to advocate for you. Nevertheless, many times they only advocate for their share holders.

Taking a Recorded Statement

Your insurance carrier will tell you that you need to provide a statement per the terms of your policy. There is a clause in your policy named Duty to Cooperate (read more in insurance clauses and terms). They will tell you that under this clause you are obligated to give them a statement (while being recorded).

Although most of insurance policies that I read never require you to do this, it is important to read your policy and see if this clause requires the actual recorded statement. If the language of the policy only requires cooperation, then a verbal statement is sufficient.

A Verbal Statement is a conversation where the adjusters ask for your version of events, but your answers are NOT recorded.

It is essentially the same in procedure as the recorded statement, but without being taped. If this is the case, then you can point out to your insurance company that you are willing to cooperate. Also, that you will give a verbal statement but not a statement that is recorded since there is no language in your policy that obligates recorded conversations.

Giving a recorded statement can work against you. You should be alert when you have an Uninsured Motorist claim, here your insurance company will use this statement against you. However, not giving them a statement (recorded that is)can put them at a disadvantage when protecting your interests.

If your accident is disputed between two insurance companies (a fault dispute), then a neutral arbitrator will have to make the final decision. I have seen many cases where arbitrators will rule in favor of the better documented file. They will not look at facts, damages, or content, but merely which party has the best documented file; this includes the one with a recorded statement from their own client or insured.

If you do not give a statement (recorded) to your own insurance company, it could mean that you lose your case in arbitration.

Please read your "Duty to Cooperate" clause before you decide if you want to give a statement.

Statements: Click below for more information.

Why do they want a recorded statement?
Before the statement, you must prepare for what you are going to say!
The Actual Statement, What questions are they going to ask?
After the statement. What do you do?
Defeating a Bad Recorded Statement