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Personal Injury Glossary

Recorded Statement

Definition
A recorded statement is an insurance adjuster’s audio-recorded interview about how a crash happened and what injuries you have — and you are generally not required to give one to the other driver’s insurer, though your own policy may require cooperation.

Within a day or two of a crash, an adjuster usually calls. The conversation is friendly, the request sounds routine, and it is presented as a formality needed to move your claim along.

It is not a formality. A recorded statement is evidence, taken by someone whose job is to reduce what the claim costs.

The single most useful thing to know: you are generally not required to give one to the other driver’s insurer.

Your Insurer Versus Their Insurer

Your own insurer. Your policy is a contract and usually contains a cooperation clause, which can include giving a statement. Refusing outright can create coverage problems, so this is different territory.

The other driver’s insurer. You have no contract with them and generally no obligation to give a recorded statement. They owe you no duty of good faith — their obligations run to their own policyholder.

That distinction is the whole point. A third party claim does not come with the duties your own policy carries.

What The Questions Are Actually For

The questions sound conversational and are carefully constructed. ‘How are you feeling today?’ invites ‘fine, thanks’ — which becomes evidence you were not seriously injured.

‘Did you see them before impact?’ probes whether you could have avoided the crash, feeding a comparative fault percentage. Under O.C.G.A. § 51-12-33 every point reduces your recovery, and 50% eliminates it.

‘Have you had back problems before?’ sets up a pre-existing condition argument. None of these are hostile questions; they are simply doing a job you may not realise is underway.

Why Timing Makes It Worse

These calls come early — often within 48 hours — precisely when you know least about your own injuries.

Soft-tissue injuries frequently worsen two to three days after a crash as adrenaline subsides. A statement given on day one saying you feel mostly fine is locked in, recorded, and quoted back at you in month six.

You cannot un-say it. That asymmetry between how little you know then and how permanent the record is, is the core problem.

How To Handle The Request

You can decline politely. You do not need a reason, and declining is not evidence of anything.

You can provide basic facts in writing — date, location, vehicles involved — without a recorded interview. That is generally enough to open a claim.

Separately, be cautious about signing a blanket medical authorisation. A release covering your entire medical history is not necessary to evaluate a claim and is routinely used to argue your injury pre-existed the crash. A targeted authorisation for treatment related to this crash is a reasonable alternative.

In Short

Key Takeaways

  • You are generally not required to give the other driver’s insurer a recorded statement.
  • Your own policy may require cooperation, which is a different situation.
  • Questions are designed to establish comparative fault and pre-existing conditions.
  • Calls come early, when you know least about your injuries — and the record is permanent.
  • You can decline politely and provide basic facts in writing instead.
  • Avoid blanket medical authorisations; a targeted one is a reasonable alternative.
Common Questions

Frequently Asked Questions

Can I refuse a recorded statement to an insurance company?

Generally yes, when it is the other driver’s insurer — you have no contract with them and no obligation to give one. Your own insurer is different, as your policy likely contains a cooperation clause.

Will refusing hurt my claim?

Declining to give a recorded statement to a third party insurer is not evidence of anything and does not invalidate your claim. You can still provide basic factual information in writing.

What if I already gave one?

It is not fatal. Statements can be clarified and are not the only evidence in a claim. What you should avoid is compounding it — do not give further statements or sign a release before getting advice.

Should I sign a medical authorisation?

Be careful with blanket authorisations covering your entire history — they are commonly used to argue your injury pre-existed the crash. A targeted authorisation limited to treatment for this crash is a reasonable alternative.

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