Should I Give a Recorded Statement After an Injury?

The answer to this question is probably "no".  Whether you have been hurt at work or in a personal injury accident like a car crash, the insurance adjustor for the other party may ask for you to give a recorded statement.  Insurance adjustors are trained to ask you questions and some questions can be misleading or hard to understand which can result in you making a costly mistake.  For example lets say you hurt your back at work, if the insurance adjustor asked you "have you ever had back problems before?" and you answered "no", but there are medical records showing you saw a chiropractor 5 years ago or saw your family doctor for a sore back 10 years ago then your credibility has been damaged.  Your credibility is very important in any injury case and failing to disclose prior treatment may result in a denial.

The better way to answer the question is if you do remember prior back pain be honest and tell the insurance adjustor, but unless you are 100% sure you have not had back pain before the better answer would be "Not that I recall" or "I don't remember having any".  That way, if there are medical records showing back pain then your credibility is not damaged because you simply did not recall the prior problems or treatment.  This is one of many examples where you can cause damage in your case by not being fully prepared and giving a recorded statement. 

Generally, you are under no obligation to give a "recorded" statement, but it may be in your best interests to give a non-recorded statement under the following circumstances:

            1. You were hurt at work and the insurance adjustor is conducting an investigation into whether or not they will admit your claim and provide you with workers compensation benefits.  In most circumstances if you tell the insurance adjustor you will give a statement, but have been advised to not give a recorded statement then you will be fine; or

            2. You are making a claim against your own insurance company because the other driver either had no or not enough insurance coverage.  Depending upon what your insurance policy says, you may be required to give a recorded statement or you will be considered to be not cooperating and your claim may be denied on that basis alone.

There are other considerations when deciding whether or not it is in your best interests to give a recorded statement.  If you have questions or concerns call our office now at 641-792-3595.  If one of our attorneys is not immediately available, then ask to schedule a no cost consultation about whether you should give a statement or not.  Also, request our injury book that relates to your injury matter which will explain recorded statements in more detail and also explain your rights and responsibilities under Iowa injury laws. 

Corey Walker
With 19 years legal experience, Corey has been recognized for his work as an injury attorney.