After a car accident, one of the first things you might hear from an insurance company—whether it's your own or the other driver's—is a request for a recorded statement. While it may seem like a routine part of the claims process, giving a recorded statement can significantly impact your ability to recover compensation for your injuries. So, should you give a recorded statement to the insurance company? Here's what you need to know.

1. Why Do Insurance Companies Want a Recorded Statement?

Insurance companies often request recorded statements early in the claims process. They claim it helps gather information and expedite the settlement. However, their main goal is often to minimize the amount of compensation they have to pay.

When giving a recorded statement, even innocent mistakes or misstatements can be used against you. Insurance adjusters are trained to ask leading questions or interpret your words in ways that can limit your claim. For instance, if you downplay your injuries or say something that could be interpreted as admitting fault, it could reduce your payout.

2. You Are Not Required to Provide a Recorded Statement

In most cases, you are not legally required to give a recorded statement to the other party's insurance company. Texas law doesn't obligate you to provide this type of information unless you are under a legal obligation to do so, like in a lawsuit.

Your own insurance company may have policy terms requiring you to cooperate in the investigation of your claim, but even then, you are not required to provide a recorded statement without first speaking to an attorney.

3. The Risks of Providing a Recorded Statement

Here are some potential risks you should consider before agreeing to give a recorded statement:

• Misleading Questions: Insurance adjusters may ask tricky or leading questions designed to elicit responses that reduce liability or minimize your injuries.
• Inconsistent Statements: You might unknowingly make inconsistent statements due to stress or lack of clarity on your injuries, which can be used against you later.
• Premature Statements: Some injuries, especially soft tissue injuries or internal injuries, don't show up until days or even weeks after the accident. If you downplay your injuries in a recorded statement, it could hurt your case when seeking compensation for these delayed injuries.
• Admissions of Fault: Anything you say in a recorded statement can be used to suggest you were at fault, even if you didn't intend to make such an admission.

4. What Should You Do If Asked for a Recorded Statement?

If an insurance company asks for a recorded statement, here's what you should do:

• Politely Decline: You can simply tell the adjuster that you are not comfortable providing a recorded statement at this time. Let them know that you will cooperate with the investigation in other ways but prefer to communicate in writing.
• Consult with an Attorney: Before providing any statements or details about your accident to an insurance company, it's crucial to consult with a personal injury attorney. Your attorney can handle communications with the insurance company on your behalf and ensure that you don't make statements that could hurt your claim.

5. What Can Happen If You Decline?

Some people worry that refusing to provide a recorded statement will delay their claim or raise suspicions with the insurance company. While it may cause minor delays in some cases, it's far better to protect your legal rights than risk damaging your claim by giving an unprepared statement.

Your attorney can help you decide what information should be shared with the insurance company, and in what form, to ensure that your rights are protected without harming your ability to recover compensation.

The Bottom Line: Protect Your Rights

Providing a recorded statement to an insurance company without proper legal advice can jeopardize your claim. If you've been asked to give a recorded statement after a car accident, it's essential to speak with an experienced personal injury attorney first. Your lawyer will guide you through the process and help you avoid common pitfalls that could reduce your compensation.

At The Law Office of Noor Ali, PLLC, we have the experience and knowledge to handle communications with insurance companies so that you don't have to. If you've been injured in an accident, contact us today for a free consultation.