Should You Give a Recorded Statement After a Truck Accident?
You are generally not required to give a recorded statement to the trucking company's insurer, and it is usually wise not to. Recorded statements are used to find inconsistencies or admissions that reduce your claim. Your own insurer may require you to cooperate under your policy, but that is different from the other side's insurer.
Why do insurers want recorded statements?
Adjusters ask carefully worded questions soon after the crash, when you may be in pain, on medication or unsure of the details. Answers such as 'I'm fine' or guesses about speed and distance can later be used to argue your injuries are minor or that you were partly at fault.
Do you have to give one?
You have no general duty to give a statement to the other party's insurer. Your own auto insurance policy may include a cooperation clause requiring you to assist your insurer, for example with a personal injury protection or uninsured motorist claim, so check your policy and get advice before speaking to anyone.
How should you respond to a request?
- Politely decline and say your representative will be in touch.
- Take the adjuster's name, company, phone number and claim number.
- Keep a record of the call.
- Don't discuss the crash, your injuries or fault.
Frequently asked questions
Do I have to give a recorded statement to the trucking company's insurer?
Generally no. You have no general obligation to give a statement to the other party's insurer.
What about my own insurance company?
Your policy may require you to cooperate with your insurer's investigation. Read your policy and get advice before giving any statement.
Can a recorded statement hurt my claim?
Yes. Statements given early can contain inaccuracies or understatements about injuries that insurers later use to reduce or deny claims.
What if I already gave a recorded statement?
It doesn't necessarily ruin your claim. Tell your lawyer what was said so they can address any inaccuracies.
Can I ask for a copy of my recorded statement?
You can request a copy, and your lawyer can obtain it during the claim.