Recorded Statements: Step Away From the Microphone

If you're in a car accident, you may get a call from the other driver's insurance company. They may say they have a few questions, and ask you if they can record the conversation.

Don't do it.

The other insurance company's representative may sound friendly and helpful, and their request may sound harmless. But they have an ulterior motive: to get you to say something that they can use against you later to reduce or even deny your claim. It could be a simple question like, "How are you feeling today?" and a simple answer like, "Oh, I'm fine. How are you?"

Later, the insurance company may twist that around and say that you told them in a recorded statement that you're not in that much pain. If you're not in that much pain, they'll say, you can't be that badly hurt and don't deserve all that money you're asking for medical bills.

It's one of the insurance company games to give you a call right away after an accident, long before you've contacted an attorney. It's particularly important not to agree to a recorded statement at this time - like the TV shows say, it can and will be used against you in a court of law. But if you've retained an attorney, the insurance company is not allowed to discuss the details of the accident with the victim. They must work through your attorney.

When an insurance company calls me and asks if they can call you for a recorded statement, my response is simple: We call recorded statements "depositions," and we'll let them know when you're ready to give yours.