Suppose you were injured in a car crash that was not your fault. An insurance calls wanting a recorded statement. Should you comply?

Phone lady

It depends. If the adjuster is from your own insurance company, your policy probably contains a “cooperation clause” requiring you to cooperate with your insurer’s investigation. Failing to cooperate with your own insurer’s investigation could form the basis for a denial. Tell your insurance company what happened as soon as possible after the loss. Remember, you want your own auto insurer to know enough about the loss so it can pay your medical bills (In Oregon, all auto policies must contain at least $15k of medical insurance, regardless of fault). While your auto policy will require you to cooperate, your policy probably does not require you to give a recorded statement. There are some exceptions. Many Geico auto policies, for example, do require a recorded statement. Before agreeing to give a recorded statement to your own insurer, check the policy to make sure you are required to give a recorded statement. If your policy does not require that you give a recorded statement, don’t give one.

“Why not?” you ask. Because, if litigation is required the insurer for the other driver will be able to obtain your recorded statement. The adjuster for the other insurance company may use your own statement to undermine your claim.

This brings me to a related question. Should you ever give a recorded statement to insurer for the another, such as th ebad driver? No never!

Unlike your own insurer, you have no contract with the other insurer. Thus, you owe the other driver’s insurance company nothing. Don’t even talk to them.

Why should you? Their driver hurt you. You, through your lawyer, should make a demand on the bad driver’s insurance company on your terms and at your convenience, subject to applicable time limits.

If you were in a motor vehicle accident, call or email Richard Rizk for a free consultation. He can be reached at rich@rizklaw.com or (503) 245-5677