Are you Required to Provide a Recorded Statement to an Insurance Company after a Kentucky Car Crash?

The phone call often comes sooner than you expect. While you are still processing the shock of the car crash, dealing with injuries, and figuring out transportation, an insurance adjuster from the other driver’s company calls. They sound friendly, concerned, and helpful. They ask how you are doing and then make what seems like a simple, routine request: “We just need to get a recorded statement from you to process the claim.” It sounds harmless, even necessary. But agreeing to this request without legal guidance is one of the most significant missteps you can make.

The moments and days following a car accident are often confusing, and it is normal to want to cooperate to get things resolved quickly. 

What Exactly Is a Recorded Statement?

A recorded statement is a formal interview conducted by an insurance adjuster over the phone. The entire conversation, including your answers to their questions, is recorded and transcribed. The adjuster will typically begin by asking for your permission to record and stating the date, time, and names of those present. From that point on, everything you say becomes an official record.

From the insurance company’s perspective, the statement serves several purposes:

• To gather their version of the facts. They want to hear your account of the accident immediately.
• To lock in your story. By getting your account on record early, they can scrutinize it for any inconsistencies that may arise later.
• To find information that limits their liability. Their primary goal is to find reasons to pay out as little as possible. They are listening for any admission of fault, any downplaying of your injuries, or any detail that could shift blame onto you.

While it is presented as a simple fact-gathering exercise, a recorded statement is a tool used by the insurer to build their defense against your claim.

Your Duty to Your Own Insurance Company vs. the Other Driver’s Insurer

A point of major confusion for many people is the difference between dealing with their own insurance provider and the at-fault party’s provider. Your obligations to each are completely different.

Talking to Your Own Insurer

Your insurance policy is a contract. Within that contract, there is almost always a “cooperation clause.” This clause legally requires you to cooperate with your own insurance company in their investigation of a claim. This cooperation often includes providing a statement about the accident. This is necessary for them to process your claim for benefits you may be entitled to, such as Personal Injury Protection (PIP) in Kentucky or Uninsured/Underinsured Motorist (UIM) coverage.

However, even with your own company, caution is advised. If your injuries are serious or liability is complex, it is still a good idea to consult with an attorney before giving a formal recorded statement. Your lawyer can help you prepare and may even be present during the call to ensure the questions are fair and your answers are not misconstrued.

Talking to the At-Fault Driver’s Insurer

Here, the rule is simple and direct: You are under no legal or contractual obligation to provide a recorded statement to the other driver’s insurance company. You do not have a contract with them. Their legal duty is to their own policyholder and their financial duty is to their shareholders. Their goal is to protect their own interests, which are directly opposed to yours. Providing them with a statement only gives them ammunition to use against you.

What Are the Dangers of Giving a Recorded Statement?

Agreeing to a recorded statement may seem like a way to be helpful and speed up the process, but it is fraught with risks. Insurance adjusters are trained negotiators skilled in asking questions designed to elicit specific responses. Here are some of the most significant dangers:

• Your Words Will Be Twisted. Adjusters know how to take innocent, common phrases and reframe them. If they ask how you are and you say, “I’m fine, thanks,” they will note that you stated you were “fine” and use it to argue your injuries are not severe. A simple apology like, “I’m so sorry this happened,” can be presented as an admission of fault.
• You Might Unintentionally Admit Partial Fault. Kentucky is a “pure comparative negligence” state. This means your total compensation can be reduced by your percentage of fault. If you are found to be 10% at fault for the accident, your final settlement will be reduced by 10%. Adjusters will ask leading questions to get you to admit to anything that could assign you a portion of the blame, such as, “Were you listening to the radio?” or “How long had you been driving?”
• Your Medical Condition Is Not Yet Known. Immediately after a crash, you may not be aware of the full extent of your injuries. Adrenaline can mask pain, and some serious injuries, like whiplash or herniated discs, may not show symptoms for days or even weeks. If you give a statement saying you feel “a little sore,” the insurer will use that to challenge later claims for extensive medical treatment.
• It Creates a Permanent, Unchangeable Record. Once the statement is recorded, it is set in stone. As you go through medical treatment and learn more about the accident, your memory may clarify, or new facts may emerge. Any slight deviation from your initial recorded statement can be used by the insurer to attack your credibility and call you dishonest.
• They Can Dig into Your Past Medical History. An adjuster may ask broad questions about your health. If you mention a previous back injury, for example, they will immediately try to argue that your current pain is from that old injury, not the car crash.

A recorded statement gives the opposing insurance company a powerful piece of evidence to use against you—evidence that you provided yourself, often before you had a complete picture of your own damages.

How Insurance Adjusters Ask Leading Questions

The questions asked during a recorded statement are not random. They are carefully crafted to put you at a disadvantage. Consider these examples:

The Question: “So you didn’t see the other car before the impact?”

• The Trap: This question implies you were not paying attention. The truth might be that the other driver ran a red light and you had no time to react, but the simple “no” answer can be used to suggest you were negligent.

The Question: “Where were you going in such a hurry?”

• The Trap: This is a loaded question that presumes you were speeding. It is designed to make you defensive and potentially admit to driving faster than you should have been.

The Question: “You only went to the emergency room, right? You haven’t seen any other doctors?”

• The Trap: This is an attempt to lock in the extent of your medical care. Many people have follow-up appointments scheduled but not yet completed. Answering “yes” can make it harder to get future, necessary medical treatments covered.

The Question: “Have you ever had any pain in your neck or back before?”

• The Trap: This is a classic tactic to link your current injuries to a pre-existing condition. Most adults have had some minor aches and pains, but the insurer will use any admission to argue the crash did not cause your injuries.

An experienced car accident attorney recognizes these tactics and will not allow you to be subjected to this type of interrogation.

What Should You Do When the Adjuster Calls?

When the at-fault driver’s insurance adjuster calls you, you do not have to be rude, but you must be firm in protecting your rights. Here is a step-by-step guide for handling that call:

• Do not agree to be recorded. If they announce the call is being recorded, state clearly, “I do not consent to this call being recorded,” and politely end the conversation.
• Gather their information. Get the adjuster’s full name, their phone number, the name of the insurance company, and the claim number they have assigned to your case.
• Provide only basic information. It is acceptable to confirm your name, address, and phone number. Do not volunteer any other information.
• Politely decline the statement. Use a clear and simple phrase: “I will not be providing a recorded statement at this time.” You do not need to give a reason or an excuse.
• Do not discuss the accident. Do not talk about how the crash happened, what you were doing, or who you think was at fault.
• Do not discuss your injuries. Do not describe how you are feeling, what hurts, or what medical treatment you have received.
• End the call and contact an attorney. Tell the adjuster, “My attorney will be in contact with you shortly.” Then, reach out to a lawyer who handles car accident cases in Kentucky.

This approach protects you from making any mistakes while still being courteous. Once you have legal representation, your attorney will take over all communications with the insurance company.

Can Refusing a Statement Negatively Impact Your Claim?

Many people worry that if they do not cooperate, the insurance company will refuse to pay their claim. This is a common fear that adjusters sometimes use to pressure accident victims.

The truth is that for a third-party claim—a claim against the other driver’s insurance—refusing to provide a recorded statement will not harm your claim. In fact, it is the legally prudent thing to do. Your attorney will provide all the necessary information to the insurer through proper legal channels, such as a formal demand letter that includes police reports, photographs, medical records, and billing statements. This method ensures the information is accurate, complete, and presented in a way that supports your claim for full compensation.

The insurance company cannot legally deny your claim simply because you exercised your right to decline a recorded statement. They still have a duty to investigate the claim and make a fair settlement offer once liability is clear and your damages are documented.

How a Lawyer Protects You from Insurance Company Tactics

Having an attorney manage your claim from the beginning is the most effective way to protect your rights. A skilled personal injury lawyer will:

• Act as a Buffer: They will handle all phone calls, emails, and correspondence from the insurance company. You will not have to speak to an adjuster again.
• Control the Flow of Information: Your lawyer will gather all the evidence and present it to the insurer in a comprehensive package that clearly outlines liability and damages.
• Prevent Common Mistakes: They will guide you away from the common pitfalls that can sink a claim, ensuring you do not provide information that could be used against you.
• Build a Strong Case: Your legal team will conduct a thorough investigation, gather all necessary documentation, and, if needed, hire experts to build a case designed to secure maximum compensation.
• Negotiate on Your Behalf: An attorney understands how to value a claim and will negotiate aggressively with the insurer to achieve a fair settlement.

The insurance company has a team of professionals working to protect its interests. You deserve to have a dedicated professional on your side, fighting for yours.

Protect Your Rights After a Kentucky Car Crash

Dealing with a car accident is stressful. Insurance companies often request recorded statements not as a courtesy, but to gain an advantage. You have the right to decline, which is crucial for protecting your financial future. Concentrate on recovery, not on outsmarting an adjuster. If you have been injured in a car accident in Kentucky and are being pressured by an insurance company, the team at John H. Ruby & Associates is here to provide the guidance you need. We are committed to ensuring our clients are treated fairly and receive the full compensation they are entitled to under the law. We will handle the insurance companies so you can concentrate on healing. 

To discuss your case, schedule a consultation by calling us at 502-373-8044 or reaching out online.