Insurance Wants a Recorded Statement? Talk to Us First
A recorded statement is where adjusters look for admissions.
Key Takeaways
- You can decline an adjuster’s request for a recorded statement, at least until you consult a lawyer; it is rarely required and often used to apportion fault to you.
- Common traps include oversharing, downplaying injuries with phrases like “I’m fine,” and accepting a quick low settlement before your full damages are known.
- Kentucky’s Unfair Claims Settlement Practices Act limits how insurers may handle claims, and serious misconduct can rise to bad faith.
What Adjusters Are Really After in a Recorded Statement
Should you contact the insurance company on your own?
Not if you are injured.
Why speak with an insurance company and its trained claims adjusters when you can have an experienced lawyer handle it for you? There are traps in these conversations; should you fall for any one of them, it could substantially harm your injury case. If a statement becomes necessary, the lawyer can steer the discussion, protecting you and ensuring that only relevant matters are addressed.
For insurance companies, minimizing payouts is essential. How you communicate and what you disclose can significantly influence the outcome of your claim. Here are some things to keep in mind when deciding if you are going to handle conversations with them on your own:
Recorded Statement Context
Insurance adjusters will typically request a recorded statement, often under the guise of an innocent pretext. They will suggest it’s a formality or perhaps a simple requirement to clear up, so that your claim can be paid. These statements are typically not required, especially with the at-fault driver’s insurer.
Be aware that you can decline this request, especially until you consult a lawyer.
Ways To Harm Your Case
Beware of circumstances that seem innocent, but which are actually a setup to apportion some or all fault on you for the crash. Even innocent statements such as “I’m sorry” or “I didn’t see the other car” can be misconstrued as an admission of guilt, negatively affecting your claim. It is essential to avoid making statements that could imply responsibility for the accident.
Let the insurance adjusters and investigators determine fault based on the evidence they collect.
Oversharing Unnecessary Information
Insurance companies and their lawyers would love for you to ramble on. All of it is being recorded, and things will inevitably be said that could be easily misunderstood.
Keep it short. If the insurance company wants information from you, it’s their job to get it, not yours to volunteer. Ensuring that you do not overshare with an insurance company is crucial. Hire a lawyer, and this issue will not arise. If you do not hire a lawyer, remember that giving too much information can unintentionally harm your claim. Do not guess or estimate details like speed, injuries, or fault; share the facts you know.
Settling too soon
Insurance companies often offer low settlements quickly to close the claim. These do not consider the full extent of your damages. It is important to never accept the first offer without reviewing your medical costs, property damage, and future needs.
Downplaying Your Injuries
Avoid making statements such as “I’m fine” or downplaying the severity of your injuries.
Some injuries may not be immediately apparent after the accident, so it is essential to seek a medical evaluation and document any symptoms.
Not Recording and Documenting Your Interactions
If you decide to speak with the insurance company, record the calls. Keep track of all communications, including dates, names of people spoken to, and the details of each conversation. Additionally, maintain records of your injuries, property damage, and expenses.
The insurance company has lawyers working to minimize your claim. Shouldn’t you have Kentucky’s top-rated injury lawyers going after you?
Frequently AskedQuestions.
What recourse is available in Kentucky for an insurance company’s conduct that is unfair or deceptive?
What are some examples of things the insurance companies cannot do, and which would possibly fall under the Unfair Claims and Settlement Practices Act?
Failing to promptly investigate or pay claims: Not being at fault for an accident and calling and reporting the claim after the accident, only for the insurance company to tell you for many weeks that they’ve still not finished investigating.
Misrepresenting or concealing coverage details from claimants occurs when you call your insurance company after an accident, report being hurt in a hit-and-run accident, and are told you have “liability only” and are not eligible for a claims payment. This would be partially true, but the claims adjuster’s failure to advise you that your uninsured motorist coverage steps in to pay you an injury settlement would likely be considered concealing coverage.
Other situations:
Failing to explain the denial or partial settlement of a claim.
Requiring unnecessary documentation that leads to unreasonable delays.
Using misleading release language in a property damage settlement prevents making an injury claim.
Forcing policyholders to litigate by offering significantly less than owed.
What’s the difference between Unfair Claims and Settlement Practices and “Bad Faith”?
How does the Department of Insurance take care of individuals without lawyers who are dealing with insurance company issues?
What is your firm’s experience with Bad Faith Cases?
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