No, you should not provide a recorded statement to the insurance company without first consulting with a lawyer. Insurance adjusters use recorded statements to find inconsistencies, minimize your injuries, and reduce the value of your claim. Anything you say can be used against you later, even if you think you are just being honest and helpful.
If an insurance adjuster contacts you requesting a recorded statement after your Naperville injury, politely decline and explain that you want to speak with a Naperville personal injury lawyer first.
You have the right to legal representation, and exercising that right protects your claim. Let Charlie Therman Injury & Accident Lawyers, P.C., help you move forward.
Why Insurance Companies Request Recorded Statements
Insurance companies claim they need recorded statements for your Naperville injury case to proceed. While this sounds reasonable, the real purpose is often to gather ammunition they can use to deny or reduce your compensation.
Adjusters are trained to ask questions in ways that elicit answers helpful to the insurance company. For example, they may ask about your injuries before you have seen a doctor and received a full diagnosis, leading you to downplay symptoms that later turn out to be serious.
The adjuster sounds friendly and sympathetic, making you feel comfortable sharing information freely. However, everything you say is being recorded and analyzed for ways to minimize your claim. Insurance companies are businesses focused on protecting their profits while fulfilling their contractual duties as cheaply as possible, not on giving you fair compensation.
How Recorded Statements are Used Against You
Once you provide a recorded statement, the insurance company has a permanent record of your words that it can use throughout your case. Even innocent statements can be twisted and used against you in ways you never intended.
Common ways insurance companies use recorded statements to harm your claim include taking statements about your pain level before the full extent of your injuries is known. Then, they argue that you exaggerated your injuries later.
They also compare statements you made immediately after the accident with later testimony to identify any inconsistencies, even minor ones. Adjusters sometimes ask leading questions like “You were in a hurry, weren’t you?” hoping to get you to admit partial fault.
You are Only Required to Talk to Your Own Insurance Company
In most situations, you are not legally required to provide a recorded statement to the other party’s insurance company. If another driver, property owner, or business was responsible for your injuries, their insurance company has no right to demand a recorded statement for your Naperville injury case.
Your own insurance policy may require you to cooperate with your own auto insurer’s investigation, which could include providing a statement. However, even when giving a statement to your own insurance company, you should consult with an attorney first.
The distinction matters because your own insurance company may have different interests than the at-fault party’s insurer. Even so, insurance companies are businesses, and their interests do not always align with yours. Having legal guidance before any recorded statement protects your right to fair compensation.
What to Say When an Adjuster Calls
When an insurance adjuster contacts you requesting a recorded statement, you need to be polite but firm in protecting your rights. You do not want to be rude or confrontational, but you also should not agree to provide a statement.
Appropriate responses include:
- Explaining that you are still recovering and need time to understand your injuries
- Stating that you want to consult with an attorney before providing any recorded statements
- Simply saying you are not comfortable giving a recorded statement at this time
You can provide basic information like your name and contact information but decline to discuss details of the accident or your injuries. Do not feel pressured by statements like “this is just standard procedure” or “we need your statement to process your claim.” The insurance company will process your claim regardless.
Information You Must Provide vs. What You Should Avoid
While you should not provide a recorded statement, you do need to report the accident. You should report that an accident occurred and provide basic facts about when and where it happened. You need to identify the parties involved and provide contact information.
However, you should avoid giving detailed descriptions of how the accident happened until you have consulted with an attorney. Do not provide opinions about who was at fault or make statements about your physical condition. Avoid discussing your injuries in detail before receiving a complete medical evaluation.
Never speculate about what you were thinking or feeling at the time of the accident, and decline to estimate costs or damages before you know the full extent of your losses. The key is providing only the information necessary to start the claim while reserving detailed discussions for after you have a lawyer.
When Statements Might Become Necessary
If your case proceeds to litigation, you will eventually provide testimony through a deposition. However, this happens months or years after the accident, when your injuries are fully diagnosed and treated. By that time, you will understand the complete impact of the accident on your life and can provide accurate, comprehensive testimony.
Your attorney prepares you thoroughly for any deposition or testimony. You review all evidence, refresh your memory about the accident details, and practice answering questions. This preparation ensures your statement is accurate and complete, without the risks associated with speaking to an adjuster days after your accident.
Even in cases that settle without litigation, your attorney may determine that providing certain information to the insurance company helps move negotiations forward. The critical difference is that your lawyer controls what information is shared, when it is shared, and how it is presented.
Contact Charlie Therman for Help With Your Naperville Injury Case
Do not let an insurance company trick you into providing a recorded statement that damages your Naperville injury case. At Charlie Therman Injury & Accident Lawyers, P.C., we protect your rights from day one by handling all communications with insurance adjusters.
Our founding partner’s background working for Allstate on the insurance defense side gives us unique insight into exactly how insurance companies use recorded statements against injury victims.
Choose Charlie and let us handle the insurance company while you focus on recovery. Contact us today for a free consultation, and we will explain your rights and guide you through the claims process without the risk of harmful recorded statements.
