Should I Give the Insurance Company a Statement After an Accident?

A recorded statement may seem harmless, but it often benefits the insurance company, not you. In Texas, you have the right to decline or delay a recorded statement until you consult with legal counsel. The safest decision is to speak with an attorney before saying anything on record. 

Why the Insurance Company Wants a Recorded Statement

Insurance companies ask for recorded statements to gather details about the accident, your injuries, and your version of events. While the adjuster may seem friendly, their primary goal is to protect the company’s financial interests. Recorded statements help insurers:

• Identify possible reasons to deny or minimize claims.
• Compare your words with police reports or later testimony to find inconsistencies.
• Estimate potential liability and damages.
• Pressure you into quick admissions before you consult an attorney.

Even an innocent comment can be twisted or taken out of context to reduce your compensation.

The Dangers of Giving a Recorded Statement

Providing a recorded statement too early can create several problems:

• Unintentional inconsistencies: Memory can fade, especially after trauma. A small mistake can be used to question your credibility.
• Minimizing injuries: Many victims say they “feel fine” before symptoms appear. Insurers use such statements to argue that injuries were minor or unrelated.
• Admitting partial fault: A polite comment like “I did not see them” can be interpreted as an admission of negligence.
• Permanent record: Once recorded, your words cannot be changed, even if new evidence later proves otherwise.

Insurance adjusters are trained to ask questions designed to elicit responses that help the company, not you.

Texas Law and Recorded Statements

Texas law does not require accident victims to give recorded statements to another party’s insurer. However, your own insurance policy may contain a “duty to cooperate” clause, which allows your insurer to request one. In that case, it is still wise to consult an attorney first.

Your lawyer can review your policy and attend the statement to protect your rights. If you decide to provide a statement, you have the right to:

• Schedule it at a convenient time after you have received medical treatment.
• Decline to answer questions that seem misleading or irrelevant.
• Request a copy of the recording or transcript.
• Have your accident attorney present to ensure the process remains fair.

How to Handle Requests for Recorded Statements

When an adjuster contacts you, stay calm and remember you are not required to speak immediately. Follow these steps instead:

• Ask for the adjuster’s name, title, and company.
• Request the questions in writing if possible.
• Do not speculate or guess about the accident.
• Avoid giving details about injuries until you receive a medical evaluation.
• Politely explain that you want to speak with your attorney first.

This approach protects you from saying anything that could weaken your case while being cooperative.

How a Lawyer Can Help

An experienced Waco personal injury attorney understands how insurers operate and how to handle recorded statements correctly. Your lawyer can:

• Communicate with the insurance company on your behalf.
• Prepare you for the questions you might face.
• Ensure the adjuster’s inquiries stay within legal limits.
• Protect you from tactics designed to shift blame or reduce payouts.

Having a lawyer involved early prevents costly mistakes and helps preserve the value of your claim.