Asked for a Recorded Statement by a Trucking Company's Adjuster?

If you received a trucking company adjuster recorded statement request in Georgia, you can take time before you agree. Asking for the request in writing and asking for time to think are both reasonable steps. This page explains what the call usually means, what a recorded statement is, and what to weigh before you speak. It is written for Georgia residents hurt in a truck crash and for family members acting for someone who was hurt.

The Trucking Company’s Adjuster Called. What That Call Usually Means

The call usually means the trucking company’s insurer has opened a claim and wants to hear your side of the crash. You probably did not choose this wreck. The call may have come while you are still sore, worried about work, or caring for a family member who was hurt.

The adjuster works for the trucking company’s insurer, not for you. An adjuster’s job includes evaluating claims and working toward a resolution for that insurer. That does not make the call improper. It does mean the person on the line has a different role than you do, and their questions serve their side of the file.

This page covers three things. It explains what a recorded statement involves. It lists what to think about before you agree. It also shows what to do if you feel unsure, which is common after a serious crash.

Should I Give a Recorded Statement to the Insurance Adjuster?

You can take time before you agree to a recorded statement. Saying you are not ready, and asking for the request in writing, is a reasonable response.

A request for a statement is not a settlement offer. It asks for your account of what happened. It does not offer money, and it does not close your claim. Keep those two things separate, because the call can feel like the start of a deal when it is only a request for information.

Whether to speak depends on the facts of your crash, your injuries, and who is asking. A driver who was hurt faces different questions than a family member speaking for someone who died or cannot speak for themselves. Weigh those facts before you decide.

A simple plan helps. Ask for the caller’s full name, company, and callback number. Ask what the call is about. Then tell them when you will call back. A short pause gives you room to think and to gather your records.

Recorded Statements After Truck Accidents in Georgia: What You Need to Know

A recorded statement is a question-and-answer session that the insurer captures on audio. Sometimes it becomes a written transcript. The adjuster may ask about the crash, where you were headed, how you felt afterward, and what your doctors said. Every answer becomes part of the claim file.

Small wording choices matter later. A guess about speed, a phrase like “I’m fine,” or a rough guess about how far away a truck was can be repeated back to you. Your words become part of the record, so treat a trucking company adjuster recorded statement in Georgia as a serious step.

Georgia injury claims often turn on fault. Under O.C.G.A. § 51-12-33, damages are reduced in proportion to the injured person’s percentage of fault. A plaintiff who is 50 percent or more responsible recovers no damages under that statute. A statement that suggests you share blame can therefore matter a great deal.

Medical bills follow their own rule. Under O.C.G.A. § 51-12-1.1, medical expenses are limited to the reasonable value of medically necessary care. Your statement should match what you actually know about your care.

Why Is My Insurance Company Asking for a Statement?

Your own auto insurer and the trucking company’s insurer are different companies. Each may ask for a statement, and each may want different information.

Your own insurer works under your policy. The trucking company’s insurer works for the company it insures. Its questions aim at its own claim file. A question from your insurer may be routine, but the other side’s adjuster is not on your side.

When the call comes, ask a few things. Ask who is calling and which company they represent. Ask what the call is about. Ask whether the conversation is being recorded. Write down the name, company, and callback number.

You can return the call later, at a time that works for you. Returning the call after you have gathered your thoughts and records is a normal step.

What Not to Tell Your Insurance Company After a Truck Accident

Stick to facts you know well, and avoid guesses. Trouble often starts with an estimate given under pressure.

Avoid guessing about speed, following distance, or how the crash happened. Say what you saw, and say when you do not know. Avoid speculating about who was at fault, even if you feel sure.

Avoid calling your injuries minor before the full medical picture is known. Many people say “I’m fine” in the moment and learn later that an injury needs care. Avoid describing treatment in detail without your records in front of you.

Be careful when phone use comes up. Under 49 C.F.R. § 392.82, no driver may use a hand-held mobile telephone while driving a commercial motor vehicle, except when necessary to communicate with law enforcement officials or other emergency services. An early answer about what you or the driver were doing can later be compared with records, so check your account first.

Do not sign a medical authorization until you understand what it allows. For bills treated under a letter of protection, the letter and itemized charges are relevant and discoverable under O.C.G.A. § 51-12-1.1. Discoverable means the other side can ask for them.

Should You Accept a Quick Settlement Offer?

Not on the spot. An early offer may arrive before the full extent of your injuries, bills, and future care is clear.

General damages are presumed to flow from a wrongful act and may be recovered without proof of an amount. Special damages actually flow from the act and must be proved, as O.C.G.A. § 51-12-2 provides. Medical bills are one example of special damages. An offer made before those costs are known may not reflect them.

Review any offer carefully. Ask what it covers and what it asks you to give up. In most cases, signing a release closes the claim for good, so read every document before you sign.

A quick offer and a request for a recorded statement often arrive close together. Take time before you respond to either one.

How Phone Records and Driver Information Fit Into the Claim

Trucking companies and drivers keep records that can matter after a crash. Some of those records are required by federal rules.

Under 49 C.F.R. § 395.8, except for a private motor carrier of passengers (nonbusiness), a motor carrier must require each driver to record duty status for each 24-hour period. Those logs show when a driver was on duty. Companies subject to 49 C.F.R. § 379.3 must keep records for the minimum retention periods in its appendix A, and after those periods the records may be destroyed at the discretion of each company’s management. The provisions of this part do not excuse compliance with the lawful requirements of any other governmental body prescribing longer retention periods for any category of records.

Testing after a crash also follows rules. Under 49 C.F.R. § 382.303, as soon as practicable after an occurrence involving a commercial motor vehicle operating on a public road in commerce, an employer must test a surviving driver for alcohol and controlled substances if the accident involved a loss of human life and the driver was performing safety-sensitive functions with respect to the vehicle. Under 49 C.F.R. § 382.303, when a commercial motor vehicle accident involves bodily injury to a person who immediately receives medical treatment away from the scene, or disabling damage to a motor vehicle requiring it to be transported away by a tow truck or other motor vehicle, the employer must test a surviving driver for alcohol if that driver receives a citation within 8 hours of the occurrence under State or local law for a moving traffic violation arising from the accident, and must test a surviving driver for controlled substances if that driver receives such a citation within thirty-two hours of the occurrence. The Federal Motor Carrier Safety Administration describes when those tests occur. Georgia’s Department of Public Safety transportation rules state that the state applies minimum motor-carrier safety requirements and adopts applicable federal regulations.

Phone records fit into this picture too. The truck-driver phone records guide on this site explains what those records are and why they can matter. Your own account should match the evidence before you give it, which is one reason to pause before any recorded statement.

Talk With T. Madden & Associates, P.C. Before You Give a Statement

Before you give a recorded statement, it helps to talk through the call first. T. Madden & Associates, P.C. can review the call with you and explain the next steps.

Frequently asked questions

This page gives general information about Georgia law and is not legal advice. Terance Madden is the responsible lawyer for this page at T. Madden & Associates, P.C. Contact the firm at https://www.tmaddenlaw.com/contact/.