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After a car accident, it usually does not take long for the insurance companies to start calling.
An adjuster may ask what happened, where you were going, whether you were injured, and whether you have received medical treatment. At some point, the adjuster may say something like, “We just need to get a recorded statement from you.”
That can sound routine. But before agreeing, it is important to understand which insurance company is asking, why it wants the statement, and what obligations you may have under an applicable insurance policy.
In Georgia, there is an important difference between a request from the other driver’s insurance company and a request from your own insurance carrier.
A recorded statement is an interview conducted by an insurance adjuster, usually over the telephone. The adjuster asks questions about the collision and records your answers.
Questions may include:
Some of these questions may seem straightforward. The problem is that people are often asked to provide statements shortly after an accident, when they may not yet have complete information about either the collision or their injuries.
Suppose another driver runs a red light and hits your vehicle. A few days later, that driver’s insurance adjuster calls and asks you to provide a recorded statement.
The insurance company may characterize the request as a normal part of investigating the claim. And insurers certainly need information to evaluate claims.
But remember an important distinction: the other driver’s insurance company does not insure you.
Its contractual relationship is generally with its own insured—the other driver.
Before voluntarily providing a recorded statement to an opposing liability insurer, an injured person should understand why the statement is being requested and how the information could affect the claim.
The analysis can change when your own insurance company requests information.
Automobile insurance policies typically contain provisions requiring an insured to cooperate with the carrier’s investigation of a claim. The precise obligations depend upon the language of the policy and the circumstances.
This becomes particularly important when making a claim for benefits under your own policy, such as an uninsured or underinsured motorist claim.
Georgia’s uninsured-motorist statute is found at O.C.G.A. § 33-7-11. Georgia law also addresses situations involving liability insurance and uninsured/underinsured motorist coverage, including settlements with liability carriers.
If your own carrier requests a statement, therefore, simply refusing to communicate with it without reviewing the policy may create unnecessary problems. An attorney can review the policy language and determine what cooperation is actually required.
A recorded statement creates a record of what you said at a particular point in time.
That becomes significant because personal injury cases can last months or even years. Memories can fade, additional evidence may be discovered, and medical conditions can evolve.
For example, imagine an adjuster asks the day after an accident:
“Are you injured?”
You respond:
“I’m sore, but I think I’m okay.”
Two days later, your neck pain becomes significantly worse. You see a doctor, undergo diagnostic testing, and ultimately require substantial treatment.
The statement you made the day after the accident does not necessarily mean you were uninjured. Some symptoms can develop or become more apparent after a collision. But the earlier statement may nevertheless become an issue in evaluating the claim.
That is one reason to answer questions accurately and avoid guessing or minimizing what you are experiencing.
Another potential problem arises when an adjuster asks for details that you simply do not know.
For example:
“How fast was the other vehicle traveling?”
If you do not know, the accurate answer is that you do not know.
There is no benefit to estimating simply because an adjuster asks for a number.
The same applies to distances, speeds, timing, traffic-light sequences, and other details. Accident reconstruction may later involve photographs, measurements, surveillance footage, witness testimony, vehicle data, or other evidence that provides a more accurate picture of what occurred.
Statements about how an accident occurred can be especially important because Georgia law permits fault to be allocated among the parties in certain circumstances.
Under O.C.G.A. § 51-12-33, Georgia law addresses the reduction of damages based upon a plaintiff’s percentage of fault and the apportionment of fault in qualifying cases.
That means seemingly small factual details may become important.
An adjuster might ask whether you saw the other vehicle before impact, whether you could have braked sooner, or whether you were distracted. Those answers could potentially become part of a later dispute over responsibility for the collision.
This does not mean someone should avoid telling the truth. Quite the opposite: always be truthful.
But being truthful does not require guessing, speculating, or agreeing with assumptions built into a question.
Immediately after an accident, you may not know the full extent of your injuries.
You might initially experience neck and back soreness and later discover symptoms involving your shoulder, knee, head, or another body part. Diagnostic testing may also reveal injuries that were not obvious immediately after the crash.
That is why broad questions such as “Are those all of your injuries?” can be difficult to answer early in the process.
A more accurate description may simply be that those are the symptoms you are experiencing at that time.
Medical professionals—not insurance adjusters—should diagnose medical conditions.
The same general caution applies when an insurance company asks you to complete a written statement or lengthy questionnaire.
The fact that information is requested in writing rather than over the telephone does not necessarily make it insignificant.
Read documents carefully before signing them, particularly authorizations or releases accompanying an insurance claim.
You do not need to panic when an insurance adjuster contacts you.
First, determine:
You can obtain the adjuster’s name, insurance company, telephone number, claim number, and contact information before deciding how to proceed.
If you have already hired an attorney, you can generally direct the adjuster to your lawyer.
Do not assume that your case is ruined simply because you already provided a statement.
Many people speak with insurance companies before contacting an attorney. What matters will depend on exactly what was asked, what was said, and the other evidence in the case.
Tell your attorney that a statement was given and provide as much information as possible about the conversation.
After a Georgia car accident, a request for a recorded statement should not automatically be treated as just another administrative step.
Who is asking matters.
A request from the other driver’s liability carrier is different from a request by your own insurer under a policy that may contain cooperation requirements. Before giving a recorded statement, understand who is requesting it, why it is being requested, and whether you have a contractual obligation to cooperate.
At Kevin Patrick Law, we help people injured in Georgia automobile accidents understand the insurance claims process, including communications with insurance adjusters, uninsured motorist claims, medical documentation, and settlement negotiations.
If you have questions about a recorded statement after a Georgia car accident, consider speaking with a Georgia personal injury attorney before providing information that could later become important to your claim.
Do not assume that you have the same obligations to an opposing driver’s liability insurer that you may have under your own insurance policy. The answer can depend on the circumstances, so consider obtaining legal advice before voluntarily providing a recorded statement.
Your insurance policy may contain cooperation provisions requiring you to assist your insurer with its investigation. Whether a particular request is required depends on the policy language and circumstances. Review the policy before refusing a request from your own carrier.
No. Always provide truthful information. If you do not know an answer or cannot remember something, say so rather than guessing.
A recorded statement creates a record of your answers and may become relevant when the insurer evaluates liability, injuries, causation, or damages. That is one reason accuracy matters.
Giving a statement does not automatically prevent you from pursuing a claim. Tell your attorney about the statement so it can be evaluated along with the other evidence.
Disclaimer: This article is for general informational purposes only and is not legal advice. Every case and insurance policy is different. Reading this article does not create an attorney-client relationship. Consult a qualified attorney regarding your specific circumstances
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