Asked for a Recorded Statement After a Crash? Talk to Us First.

Why is my insurance company asking for a statement? Usually, the insurer wants your account of the crash on tape. A recorded statement is a question-and-answer call that becomes part of your claim file. Whether you must answer depends on the facts. This guide explains what the insurer is after and what to weigh before you talk. For the wider picture, see our truck accident guide for Georgia.

What a Recorded Statement Is

A recorded statement is an audio-recorded interview with an insurance adjuster, usually by phone. The adjuster asks questions about how the crash happened, and you answer them. The call is saved. The recording becomes part of the claim file and can be referred to later in the claim.

It is different from a written claim form, which you fill out and sign. It is also different from a medical records request, which asks a doctor’s office for your chart. The request can come from the other driver’s insurer, from your own insurer, or from a trucking company’s commercial carrier after a truck crash.

If you were hurt, you may be sore, tired, or handling this alone. That makes detailed questions hard to answer well. You can ask the adjuster to call back at a better time.

Why the Insurance Company Is Asking for One

Insurers ask for a recorded statement to learn what happened and to judge who is at fault. The adjuster wants your version of events, the damage to each vehicle, and the injuries you have. The call often checks facts already in the police report, such as time, location, weather, and lane positions.

Georgia’s fault rule explains why this matters. Under O.C.G.A. § 51-12-33, damages are reduced in proportion to the plaintiff’s percentage of fault. A plaintiff who is 50 percent or more responsible for the injury or damages claimed is not entitled to receive any damages. Statements about how the crash happened can bear on that percentage.

For a Georgia crash report, see how to look up an accident report in Georgia.

Are You Required to Give One?

The answer turns on which insurer is asking, what your policy says, and whether a claim or lawsuit is already underway. Your own insurer may ask for a statement under the terms of your policy. The other driver’s insurer is asking you for information. That request is not a court order.

You can take a few steps on any call. Ask for the adjuster’s name, company, and claim number. Ask for time to think before you answer. Ask whether the request can be made in writing instead.

If the other driver has no insurance, coverage may still apply to your losses. Uninsured motorist coverage may protect against vehicle damage or injuries when an uninsured driver causes the accident. For background on required coverage, read the minimum auto insurance guide for Georgia.

Common Questions and Tactics Adjusters Use

Adjusters often ask how fast you were going, where you were looking, whether you felt fine at the scene, what medicines you took, and whether you had past injuries. A quick answer given on the spot can be repeated later out of context.

Georgia’s avoidance rule matters here. Under O.C.G.A. § 51-11-7, if the plaintiff by ordinary care could have avoided the consequences of the defendant’s negligence, the plaintiff is not entitled to recover. So an adjuster may ask whether you could have avoided the other vehicle. A guess on that question can be repeated later.

Adjusters may also ask for a call early, before you know the full extent of your injuries. Georgia treats damages in two groups. Under O.C.G.A. § 51-12-2, general damages are presumed from a wrongful act, while special damages, such as medical bills and lost wages, must be proved. Early comments about injuries that later get worse can become part of the claim record.

Before You Speak: Points to Weigh

Answer only what you know. “I don’t know” or “I don’t remember” is an accurate answer when it is true. Don’t guess about speed, distance, or fault. Don’t describe injuries that a doctor has not diagnosed.

Ask for a copy of the recording or a written summary, and note the date and time of the call. Keep your own log: who called, what was asked, and what you said. You can also say you need time to review questions before you answer.

Quick answers

How Truck Accident Claims Add Complexity

A truck crash often brings more than one insurer into the picture. The trucking company’s commercial carrier may be involved, and the driver may have a separate personal policy. Georgia law can make a business answerable for its driver’s conduct. Under O.C.G.A. § 51-2-2, every person is liable for torts committed by his servant in the prosecution and within the scope of his business.

Trucking companies also keep records that a car claim usually does not involve. Under 49 C.F.R. § 395.8, except for a private motor carrier of passengers (nonbusiness), a motor carrier subject to the requirements of this part must require each driver to record duty status for each 24-hour period. Under 49 C.F.R. § 396.21, the motor carrier or other entity responsible for a truck’s inspection must keep the original or a copy of the inspection report for fourteen months from the date of the report.

Keep your crash report, photos, and witness names now. If the other driver left the scene, read whether police do anything about a hit-and-run. When several insurers are involved, working with a lawyer can mean communications go through one person.

Talk Through Your Situation Before You Give a Statement

If an adjuster’s call has you wondering whether to answer now, you are weighing a decision you did not expect. You may also be dealing with pain, paperwork, and time away from work. Before you answer recorded questions about your own crash, you can talk it through with T. Madden & Associates, P.C.

The free first consultation is confidential and carries no obligation to continue. The responsible lawyer for this page is Terance Madden of T. Madden & Associates, P.C. You can reach the firm through its contact page to talk about your crash and the insurer’s request.