It starts with a friendly phone call.

Just a few days after your accident, the insurance adjuster reaches out. They ask how you’re feeling. They sound helpful, concerned, and professional.

Then they ask, “Would you mind giving a quick recorded statement?”

Stop right there.

That one moment could destroy your case.

If you’ve been seriously injured in a car crash, truck accident, or fall, giving a recorded statement to an insurance company—yours or theirs—can seriously damage your right to compensation.

Here’s why.

What Is a Recorded Statement?

A recorded statement is exactly what it sounds like: a verbal statement given by you, over the phone or in person, that is recorded by the insurance adjuster. It’s treated as formal evidence.

It sounds casual—but it’s anything but.

Insurance companies use these statements to:

Lock you into specific details before you have full information
Find inconsistencies to use against you
Push you into admitting partial fault
Minimize your symptoms and limit your medical treatment
Justify denying or underpaying your claim

It’s not about truth. It’s about tactics.

Why Insurance Adjusters Want a Recorded Statement So Quickly

Because they know you’re vulnerable.

Within days of a crash:

You may still be in shock or pain
You don’t know the full extent of your injuries
You haven’t reviewed the police report
You’re overwhelmed with logistics, bills, and fear
You haven’t spoken to a lawyer

They want your words before you’ve had time to think.

And once it’s on the record, it’s hard to walk back.

5 Ways a Recorded Statement Can Hurt You

You Say Something That Sounds Like an Admission of Fault
Even saying “I didn’t see the other car” can be used to suggest you were distracted or negligent.
You Downplay Your Injuries
Many people instinctively say they’re “doing okay” or “feeling better”—only to later need surgery or long-term care.
You Misremember Key Facts
Trauma clouds memory. If you get even one small detail wrong, they’ll say you’re unreliable.
You Use the Wrong Terminology
Describing what happened in layman’s terms can be twisted to imply fault or contradiction.
You Create a Timeline That Hurts Your Claim
If you don’t have all your medical records yet, you may unintentionally leave out critical symptoms or treatments.

What Adjusters Won’t Tell You About Recorded Statements

You are not required by law to give one (especially to the other party’s insurer)
Anything you say can be used against you—not just in this claim, but in court
Even your own insurance company can use your statement to reduce a payout under UM/UIM coverage
Once recorded, you may not be allowed to “correct” mistakes
You can still cooperate with the claim process without giving a recorded statement

When You May Be Required to Give a Statement

If you’re filing a claim under your own insurance policy (like uninsured/underinsured motorist coverage), your policy may require a statement. Even then:

You have the right to legal representation during the statement
You can request the statement be written instead of recorded
You should never proceed without first speaking to an attorney

Case Example: Statement Destroys a Strong Claim

A Colorado woman was hit by a delivery van while turning left at a green light. She suffered a fractured pelvis and a mild TBI.

Two days later, she gave a recorded statement to the delivery company’s insurer. During the call, she said:

“I guess I could’ve waited longer, but the light was green.”

That was enough for the insurer to claim comparative negligence. Her seven-figure case became a long, uphill battle.

Once we stepped in, we were able to fight back—but the statement complicated the process and delayed compensation.

What to Do If You’re Asked for a Statement

Politely decline to give a recorded statement, especially to the other party’s insurance.
Don’t explain or justify—just say you’re seeking legal counsel first.
Don’t panic if you already gave one. Contact an attorney immediately.
Document the call—who called, what was said, and when.
Refer all future contact to your lawyer.

How We Protect You from Insurance Traps

At Flanagan Law, we take over all communication with insurers from the moment you hire us.

We:

Block requests for harmful recorded statements
Submit written summaries that protect your interests
Coach you if a statement is legally required
Ensure your medical and legal timeline is 100% accurate
Prepare your case for negotiation, not manipulation

With us, the insurance company loses its leverage—and you regain control.

Sources & Further Reading

Colorado Division of Insurance – Consumer Rights After a Car Accident
National Association of Insurance Commissioners – Claimant Rights and Statements
Journal of Injury Law – Insurance Tactics and Recorded Evidence
American Bar Association – Claim Adjuster Strategy and Ethics

Frequently Asked Questions

What if I already gave a recorded statement?
It’s not ideal—but we can still help. The key is to get legal representation immediately and clarify any issues through documentation and expert evidence.

Can I refuse to speak to the other driver’s insurance company?
Yes. You are under no obligation to speak to them, let alone give a recorded statement.

Can my own insurer deny my claim if I don’t give a statement?
In some cases, yes—but that doesn’t mean you go it alone. Always consult an attorney first.

Why do they say it’s just a formality?
Because it helps them get you on record—before you know better. It’s not a formality. It’s a trap.

Call Flanagan Law now at 720-928-9178 for your free, no-obligation consultation.
Or Contact Us to protect your case before the insurance company starts building theirs.