Insurance Wants a Recorded Statement? Talk to Us First

Sam Aguiar Injury Lawyers • October 11, 2026 • 3 minute read
Insurance claims adjuster wearing a headset on a recorded call

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? These conversations hold traps, and falling for any one of them could substantially harm your injury case. If a statement becomes necessary, the lawyer can steer the discussion, protecting you and making sure only relevant matters are addressed.

Adjuster Goals in a Recorded Statement

For insurance companies, minimizing payouts is essential. How you communicate and what you disclose can significantly influence the outcome of your case, so keep a few things in mind before deciding to handle these conversations on your own.

Insurance adjusters will typically request a recorded statement, often under an innocent pretext. They will suggest it is a formality, or 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. You can decline the request, at least until you consult a lawyer.

Ways a Statement Can Harm Your Case

Admitting Fault by Accident

Beware of circumstances that seem innocent but are actually a setup to apportion some or all of the fault for the crash to you. Even innocent statements such as “I’m sorry” or “I didn’t see the other car” can be misconstrued as an admission of guilt and hurt your case. Avoid any statement 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 is their job to get it, not yours to volunteer.

Making sure 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 case. Do not guess or estimate details like speed, injuries, or fault; share only the facts you know.

Settling Too Soon

Insurance companies often offer low settlements quickly to close the case. These offers do not consider the full extent of your damages. Never accept the first offer without reviewing your medical costs, property damage, and future needs.

Downplaying Your Injuries

Avoid statements such as “I’m fine,” and do not downplay the severity of your injuries. Some injuries may not be apparent right after the accident, so get a medical evaluation and document any symptoms.

Keep a Record of Every Conversation

If you decide to speak with the insurance company, record the calls. Keep track of all communications, including dates, the names of the people you spoke to, and the details of each conversation. Also keep records of your injuries, property damage, and expenses.

The insurance company has lawyers working to minimize your case. Shouldn’t you have Kentucky’s top-rated injury lawyers working for you?

Before the Adjuster Calls Back, Get a Free Case Review

An adjuster asking for a recorded statement is building the insurer’s version of the crash, and you do not have to give one. Sam Aguiar Injury Lawyers takes over those calls, keeps the conversation to what is relevant, and puts every exchange on the record, and a dedicated three-person case team keeps the file moving from there. If an insurance company has asked you to go on the record, a free case review is the place to start.

Frequently Asked Questions

1What recourse is available in Kentucky for an insurance company’s conduct that is improper or deceptive?+
Kentucky has strong laws to hold insurance companies accountable for certain conduct. The state’s Unfair Claims Settlement Practices Act (KRS 304.12-230) prohibits 17 practices, such as misrepresenting facts, unjustified delays, and compelling litigation. Minimum claims-handling standards are further set by 806 KAR 12:095, which aims to establish standards for the prompt, full, and equitable adjustment and settlement of property and casualty claims. Violations may be enforced by the Kentucky Department of Insurance, which reviews insurer conduct, investigates complaints, and adjudicates disputes.
2What are some examples of things insurance companies cannot do under the Unfair Claims Settlement Practices Act?+
Examples are listed within statutes and regulations in Kentucky. Per KRS 304.12-230 and 806 KAR 12:095, these may include failing to investigate or pay claims promptly; misrepresenting or concealing coverage (for example, not advising that UIM is on a policy and may apply after an at-fault driver’s policy pays out its limits); not explaining denials; requiring unnecessary documentation that causes undue delay; using misleading release language; or forcing policyholders to litigate by offering significantly less than is owed. Two common prohibited practices look like this in real claims. Failing to promptly investigate or pay: you were not at fault, you reported the claim after the accident, and the insurance company tells you for weeks that it still has not finished investigating. Misrepresenting or concealing coverage: you call your own insurer after being hurt in a hit-and-run accident and are told you have “liability only” and are not eligible for a claims payment. That would be partially true, but the adjuster’s failure to tell you that your uninsured motorist coverage steps in to pay an injury settlement would likely be considered concealing coverage. Other situations include failing to explain the denial or partial settlement of a claim, requiring unnecessary documentation that leads to undue delays, using misleading release language in a property damage settlement that prevents an injury claim, and forcing policyholders to litigate by offering significantly less than owed.
3What’s the difference between Unfair Claims Settlement Practices and “bad faith”?+
Kentucky law recognizes both common-law and statutory standards for bad faith claims, applicable to both first-party (against one’s own insurer) and third-party (against another’s insurer) situations. A plaintiff must demonstrate that the insurer was obligated to pay, lacked a solid basis for denying or delaying payment, and knew or recklessly disregarded this lack of basis. Statutes such as KRS 304.12-230 and 806 KAR 12:095 outline these duties, but bad faith claims are distinct common-law claims.
4How does the Department of Insurance handle insurance company issues for people without lawyers?+
There are administrative regulations and the Kentucky Department of Insurance, which also provide some layers of accountability for insurers. 806 KAR 12:095 elaborates on claim-handling standards, including how insurers must respond, document, and settle claims for motor vehicle and property losses. The Department of Insurance enforces these standards, audits claim files, and may penalize improper claims practices based on consumer complaints or periodic examinations. If a complaint is filed with the Department of Insurance (DOI) regarding claims settlement practices, the DOI will notify the insurer, requiring the insurer to respond in writing within 15 days. This often prompts insurers to fulfill their duties rather than having to justify their actions to insurance regulators. With all that said, the DOI tends to be underfunded and has a revolving door effect in most states, including Kentucky. They do not historically impose much scrutiny on insurers here in the Commonwealth.
5What is your firm’s experience with bad faith cases?+
Our firm litigates coverage issues and served as class counsel in Davis v. State Farm (W.D. Ky., No. 3:19-cv-00466-CRS), a certified bad faith class action concerning disclosure and payment of UM/UIM benefits to Kentucky policyholders. The court-approved settlement provided monetary relief and required remedial measures. See the public settlement notice: State Farm Settlement Order.

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