If you were hurt in a car accident in Georgia, the at-fault driver’s insurance adjuster will often call within days and ask to record a statement about what happened. Here is the short answer: you are not required to give a recorded statement to the other driver’s insurance company, and doing so usually helps them, not you. Below is what a recorded statement is, why adjusters want one, and how to protect yourself.
What is a recorded statement?
A recorded statement is a question-and-answer conversation, recorded by the insurance company, about how the accident happened and what injuries you have. The adjuster will sound friendly and may say it is “just routine.” But every word becomes part of the claim file, and the insurer’s goal is to find anything they can use to reduce or deny your payout.
Do I have to give one to the other driver’s insurer?
No. You have no legal obligation to give a recorded statement to the at-fault party’s insurance company. You can politely decline and tell them your attorney will be in touch. There is rarely any benefit to you in giving one before you have spoken with a lawyer and understand your injuries.
Why do adjusters want a recorded statement?
Adjusters use recorded statements to lock you into early descriptions that can be used against you later. Common tactics include getting you to say “I’m fine” before your injuries fully appear, prompting you to guess about speed or distance, or steering you into admitting partial fault, which under Georgia’s comparative negligence rule can reduce your recovery.
What about my own insurance company?
This is different. Your own policy usually includes a “cooperation clause” that may require you to provide information to your insurer, for example when making an uninsured/underinsured motorist (UM/UIM) claim. Even then, it is wise to talk to a lawyer first so you understand what you are obligated to provide and how to do it carefully.
What to do if an adjuster calls
- Be polite, but do not agree to be recorded.
- Do not guess or speculate about fault, speed, or your injuries.
- Get the adjuster’s name, company, and claim number.
- Tell them your attorney will follow up, then call a lawyer.
Frequently asked questions
No. You have no obligation to give a recorded statement to the other driver’s insurer, and declining cannot be used to deny a valid claim. Just decline politely and refer them to your attorney.
You still have options. Talk to a lawyer as soon as possible so they can review what was said and work to limit any damage to your claim.
Often you must cooperate with your own insurer under your policy, but it is still smart to consult a lawyer first, especially for an uninsured or underinsured motorist claim.
Talk to a Cartersville car accident lawyer
If an insurance company is pressuring you for a recorded statement after a Georgia car accident, talk to us first. The Delashmit Firm offers free consultations and handles insurer communications for you. Call (770) 341-0559 or contact us online.