Do You Have to Give a Recorded Statement to the At-Fault Driver's Insurance Company?

Hi, I’m Nick Ortiz. I'm a personal injury attorney in Pensacola, Florida. Today, I'm here to talk to you about whether you have any obligation to give a recorded statement to any insurance company after an accident. The first question to ask is which insurance company is calling you? If it's your own insurance company, then you do have a duty and obligation to cooperate with them in their investigation of the claim. As such, if they send you any forms or ask to take any kind of statements, then you should cooperate with them in filling out the forms and providing a statement. If, however, it's the other driver's, the at-fault driver's, insurance company, then you don't have any obligation to them, and you are not obligated to give them a recorded statement.

Now this is important to know, because this insurance company is going to be hounding you. Their adjuster's going to call you four, five, six or more times a day, trying to get you on the phone. They want to record you, because ultimately they want to take some statements from you that may ultimately be used against you at some future point down the road. For example, a lot of people do not feel the effects of their injury immediately after an accident. They may not begin to feel sore until two, three, four days after the accident. It's kind of like working out. When you work out that first day, you feel great, and then the next day, you're still not feeling anything. But three or four days later, you're really hurting. The same thing happens in a car accident. And if they catch you that first day after the accident and you tell them that you're feeling okay, that ultimately could be used against you later when you say that you were injured as a result of this accident.

The insurance adjuster may even be relatively threatening. They'll tell you things like, "If we don't take your recorded statement, then we're not going to pay you anything in connection with this accident." Look, the first thing that you need to be doing is getting better. You need to be resting, healing, and you certainly don't want to be talking to them if you're feeling terribly, if you are under the influence of narcotic medication, and certainly not if you're in the hospital. So, what you need to do is get better, and educate yourself about the process. That's why we've put together a resource called The Top 10 Mistakes That Will Destroy Your Florida Car Accident Claim. I encourage you to download a free copy of my book at www.freecarcrashbook.com, and don't talk to the at-fault driver's insurance company unless and until you've educated yourself about this process and what your obligations are. If you want to talk to someone right away, then give us a call at 850-308-7833. We look forward to hearing from you.