After an Accident – Recorded Statements, Do I have to Give One?

Being in a car accident is stressful, and it’s normal to feel overwhelmed. Afterward, you might start getting calls from insurance companies asking for details about the crash. One thing they often request is a recorded statement, which might make you wonder: Do I really have to give one? The simple answer is No.

As experienced car accident lawyers, we strongly recommend not giving a recorded statement to insurance companies after an accident. Here’s why it’s usually a bad idea and how it can hurt your claim.

What’s a Recorded Statement?

A recorded statement is when the insurance adjuster asks you to explain what happened during the accident while they record you. This recording becomes part of your case file and can be used later in the claims process. Adjusters might say it’s routine or necessary to speed things up, but the truth is, they can use it against you.

Insurance companies often look for inconsistencies or small mistakes in your statement, even if they’re innocent, to lower the amount they’ll pay out. They may twist your words to minimize your injuries or make it seem like you were more at fault than you were.

Why is Giving a Recorded Statement a Bad Idea?

You’re Not Legally Required to Give One: In Oklahoma, you’re not legally obligated to provide a recorded statement to the other driver’s insurance company. Adjusters might make it sound like you have to, but that’s not true. Before talking to any insurance company, it’s important to consult a Tulsa car accident lawyer first.
Insurance Companies Aren’t Looking Out for You: While the adjuster may seem friendly, remember that their job is to protect the insurance company’s money—not your best interests. A recorded statement can be used to deny or reduce your claim. For example, you might unknowingly say something that suggests you were partly at fault or downplay the seriousness of your injuries.
Your Words Can Be Twisted: After an accident, you might not fully understand the extent of your injuries right away. But if you give a recorded statement too soon, it locks you into a version of events that might later be proven wrong. If your injuries worsen or more information comes to light, the insurance company can still use your original statement to lower your payout.
They’ll Try to Rush You: Insurance companies often call right after the accident, hoping to catch you off guard when you’re still shaken up. They may suggest your claim will be delayed if you don’t give a statement right away, but that’s simply not true. In Oklahoma, you have two years to file a personal injury claim, so there’s no need to rush before talking to an attorney.

Understanding Oklahoma’s Comparative Fault Law

Oklahoma uses what’s called a “comparative fault” system. This means if you’re found partially at fault for the accident, your compensation will be reduced by that percentage. So, if you’re 20% at fault, you’ll get 20% less money. Insurance companies know this, and they might try to use your recorded statement to pin more blame on you, lowering their payout.

What Should You Do Instead?

Here’s how to protect yourself if an insurance company asks for a recorded statement:

Politely Decline: Let the adjuster know that you don’t want to provide a recorded statement. Be respectful but stand your ground. If they keep pushing, tell them your attorney will handle any further communication.
Contact a Tulsa Car Accident Attorney Right Away: A local attorney with experience in car accident cases can help guide you through the process and deal with the insurance company for you. This ensures you don’t accidentally say something that could harm your case.
Offer a Written Statement If Necessary: If you need to provide a statement, your attorney can help you craft a written one that’s carefully reviewed and designed to protect your rights. This limits the chances of making mistakes or saying something that can be used against you.
Document the Accident on Your Own: While you shouldn’t give a recorded statement, you should still document everything about the accident. Write down what you remember, take photos, and get witness contact information. This will help build a strong case.

Final Thoughts: Protect Your Rights After a Car Accident

Giving a recorded statement might seem like the easiest way to get your claim moving, but it can often hurt your case. Insurance companies are focused on saving money, and anything you say in a recorded statement can be used against you. The best thing you can do is talk to a Tulsa car accident lawyer who will protect your rights and handle the insurance companies for you.