Can the Insurance Adjuster Demand I Give a Recorded Statement?

THEY CANNOT FORCE YOU TO DO ANYTHING

No. But that might not be the right question. Which adjuster wants a recorded statement? Your insurance company’s adjuster? Or, the at-fault drivers? Because if you have insurance, it means you should provide a recorded statement. Because you have a contractual relationship with your own insurance company.

With insurance policies there is a duty of cooperation. That means you must cooperate with your own insurance company’s claims department. So, you must give your insurer a recorded statement. But that duty is ambiguous as to when you must. So do not panic. If the adjuster calls you, tell them you are busy and will call back later in the week. Then speak with an attorney to discuss your legal rights.

INSURANCE CONTRACTS DO NOT DICTATE A DEADLINE

Most insurance policies do not set a deadline. They require you to act reasonable. The time to cooperate is a reasonable period of time. A reasonable length of time. At reasonable times and places.

If you want to record the conversation, you may. If you want an attorney to be present that is reasonable. If you a copy of the actual recording or the transcript, just ask for it.

IN SUMMARY

To summarize, no one can force you to give a recorded statement, but fail to cooperate with your own insurance company, and it will not provide coverage. It will not owe you coverage.

Legally, this does not apply to the at-fault driver’s insurance company. The other company, the one insuring the at-fault driver, cannot force you to give a recorded statement. As a practical matter, it does not help you to provide a recorded statement. Any lawyer who understands this business will tell you the same thing.