Following a motor vehicle collision or on-the-job accident, an insurance adjuster may contact you and ask for a recorded or written statement. They will likely say it’s routine, required, or necessary to move your claim forward.
It is not required by law. And in most cases, it can seriously hurt your claim. At Fulton & Barr, we do not recommend giving any statement to an insurance company or its representatives without first consulting an attorney. Here’s why:
Insurance adjusters work for the insurance company—not for you. Their goal is to protect the company’s bottom line by:
- Reducing how much they pay
- Finding reasons to deny claims
- Creating evidence they can use against you
What may seem like a friendly conversation is strategic and carefully planned. And recorded statements are often taken early—before you know the full extent of your injuries, and before you know your rights. That’s why you need to call Fulton & Barr immediately following your injury.
So how can a recorded statement be used against you?
Let’s start by understanding that everything and anything you say can later be used to:
- Shift blame or argue shared fault
- Minimize your injuries or claim they were pre-existing
- Highlight minor inconsistencies in your story
- Attack your credibility
There is no upside for you to agree to making a recorded statement. Once you say it on tape, you cannot take it back. That includes statements about how you’re feeling, or how badly you are injured. The truth is that many injuries—especially neck, back, head, and soft-tissue injuries—don’t fully appear for days or even weeks. Early statements like “I’m fine” or “I don’t think I’m hurt” are commonly used later to argue that your injuries aren’t serious or aren’t related to the accident.
Adjusters Will Ask Leading Questions
Insurance adjusters are specifically trained to ask questions that get them the answers they want most. Questions that:
- Encourage guessing or speculation
- Push you to downplay pain or limitations
- Subtly shift responsibility onto you
- Lock you into specific wording
Without legal preparation, it’s easy to give answers that sound harmless—but can be legally damaging later and may impact your compensation.
What do you say when they ask for a Recorded Statement?
In most cases, you are not required to provide the insurance company with a recorded or written statement. You generally have the right to say, “I’m not comfortable giving a statement at this time. I would like to speak with an attorney first.”
That one sentence can protect your claim. Remember – your words matter.
Make sure they work for you—not against you.
Why Speaking to an Attorney First Matters
An experienced personal injury attorney can:
- Explain your rights before you speak
- Handle communication with insurers for you
- Decide whether a statement is necessary at all
- Prepare you if a statement is ever appropriate
In many cases, no recorded statement is needed to pursue a valid claim.
Our Firm’s Position
Our position is simple and consistent:
Never give a written or recorded statement to an insurance adjuster or their representatives without first consulting an attorney.
It is never advisable to agree to a recorded statement before speaking with a lawyer and preparing for the questions that may be asked—if a statement should be given at all.
Insurance companies protect their interests first. At Fulton & Barr, we’ll put YOURS first.