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The short answer is - it depends on who is asking.
When the other driver's insurance company tells you that you need to give a recorded statement - the short answer is NO.
You've been in a wreck and now you're getting calls from the insurance company of the driver that hit you. They tell you they have some questions to ask and explain that they will need to record your answers in order to process your claim. Do you have to go on the record? Are you required to give a recorded statement for them to consider your claim?
One of the biggest misconceptions of a car wreck case is that you must give a recorded statement to get a settlement from the at-fault driver's insurance company.
Firstly, know that in Texas you do NOT have to agree to give a recorded statement to the other driver's insurance company. You are always within your rights to ask to speak with an attorney before answering anything. Refusing to give a recorded statement does not preclude your right to pursue recovery for your damages from the at-fault driver's insurance company.
When the other driver's insurance company adjuster calls you to discuss what happened, they'll ask you if you mind going on the record so they can ask you a few questions. They may even tell you that everyone is required to give a recorded statement, that you do not need an attorney present, and there is nothing they can do for you without the recorded statement. This is not true. They're hoping you'll say something they can use against you later. Know that anything you say can and will be used against you.
If you have a serious injury or wrongful death case, always check with a trial lawyer before agreeing to give a recorded statement. The adjuster and insurance company will try to take advantage of you when you are at your most vulnerable.
When your insurance company tells you that you need to give a recorded statement - the short answer is it depends on your policy.
Let's say you are rear-ended by someone who thinks they are above the law and chose not to get insurance. Good thing you read our blog posts and articles and know to get uninsured motorist coverage!
You call your insurance company and explain what happened. Your insurance company may tell you that they need a recorded statement from you about what happened, any injuries you sustained, and the treatment you're getting in order to consider your claim.
So, do you have to give your own insurance company a recorded statement? It depends on your policy. Insurance policies may have a provision in them stating that you as the insured must give them a recorded statement if they request it from you as a part of an evaluation and investigation into your claim. You can always review your policy to see if this is true before giving a statement. If you are not sure, reach out to us!
