Do I Have to Give the Insurance Adjuster a Recorded Statement?
Tue 1 Sep, 2026 / by Robert Parker / Car Accidents
Last Updated: October 6, 2026
No. After an Illinois car accident, you do not owe the other driver’s insurance company a recorded statement. Get advice before you give one. Your own insurer is different: your policy has cooperation duties, and refusing can put your own coverage at risk, so ask before you refuse or answer.
Do I Have to Give the Other Driver’s Insurance Adjuster a Recorded Statement? No.
“The other driver’s adjuster keeps calling and wants a recorded statement. Do I have to give one?” No. The adjuster is the insurance company’s claim handler, and a recorded statement is an interview the adjuster records and can quote back later. You have no legal duty to give one to the adjuster handling the claim under the other driver’s policy. On that call the company is acting as the other driver’s insurer, not as yours. Get advice before you say anything about fault or your injuries.
The adjuster works for the company that will be asked to pay your claim, and whatever you say in a recorded statement becomes part of that company’s file.
Why Wait Before Giving a Recorded Statement?
In the first days after a crash, a recorded statement asks you to fix on the record things you do not know yet:
- How badly you are hurt. Some symptoms start later, and the doctor who examines you may not have finished. An answer about how you feel is fixed to the day you recorded it.
- What happened. You have not seen the police report, the other driver’s account, or any camera footage. Estimates of speed, distance or timing given on the record become the version you gave, before the evidence is in.
- How your words read in a transcript. “I’m fine, thanks for asking” is a courtesy on the phone and a statement about your injuries in a claim file.
Get advice first. Once you have seen a doctor and know what happened, your account of the crash and your injuries can go to the other driver’s insurer in writing.
What Declining Actually Looks Like
To the other driver’s insurer, a short reply is enough: “I’m not going to give a recorded statement. You can contact me in writing.” If you have hired a lawyer, it is shorter still: “Please contact my attorney.” Once your lawyer sends that insurer a letter of representation (a letter telling the company that a lawyer now speaks for you), refer any further call to your lawyer.
The other driver’s insurer still receives what the claim rests on: the police report, the medical records and bills that relate to the crash, and a written demand once the evidence is complete. A demand is the letter your lawyer sends setting out the facts, the injuries and the amount claimed. Writing gives you time to be accurate.
Your Own Insurance Company Is a Different Question
Your own auto policy is a contract, and it sets cooperation duties: prompt notice of the crash, documents, and statements. If your policy provides for one, it can also require an examination under oath, which is sworn testimony given in answer to the insurer’s questions. The same duties apply when you claim under your own coverage. That includes an uninsured or underinsured motorist claim, which is a claim on your own policy when the driver who hit you had no insurance or too little. Refusing can put your own coverage at risk: a refusal that matters to the claim and leaves the company at a disadvantage can give it a defense to paying under your policy.
The sequence matters: report the crash to your own insurer promptly, keep that first notice short and factual, and get advice before you refuse or answer a request for a recorded statement from your own company. A lawyer can prepare you, attend the statement, and keep it within the scope your policy requires.
What to Do Instead in the First Week
- Get medical care and follow the plan your doctor sets. Tell the doctor you were in a crash and describe every symptom, including the ones that start later.
- Report the crash to your own insurer, briefly and factually.
- Save everything: photos, the exchange information, the police report number, and the names of anyone who called you.
- Write down what happened while it is fresh, for yourself, not for any insurer.
- Talk to a lawyer before any recorded statement, any signed authorization, or any settlement conversation.
Frequently Asked Questions
Can the other driver’s insurer deny my claim because I refused a recorded statement?
The other driver’s insurer decides how it handles your claim. You have no duty to give it a statement on that claim, even when the same company also holds your own policy. The claim is presented through the police report, the medical records and bills, and the written demand your lawyer sends. Refer the company’s questions to your lawyer.
What if I already gave a recorded statement?
Tell a lawyer exactly what was asked and what you answered, and the date of the call. If you have a claim number or anything the company has sent you, have it at hand. Talk to the lawyer before you give any further statement to either insurer.
Does a recorded statement ever help the injured person?
It depends on the facts and on which company is asking, so make that decision with a lawyer. To the other driver’s insurer, your account of the crash and your injuries can go in writing, with time to be accurate, once you have seen a doctor and know what happened. A statement your own insurer requires under your policy is a different matter, and a lawyer can prepare you for it.
Is a recorded statement the same as an examination under oath?
No. An examination under oath is sworn testimony that your own policy may allow your own insurer to require as part of your cooperation duties. If you receive that request, involve a lawyer before the date is set; a lawyer can prepare you and attend.
What should I say when the adjuster calls the first time?
First ask whether the adjuster is calling about the claim under the other driver’s policy or about your own policy. Ask even when you recognize the company name, because the same company can insure both drivers. If the call is about the other driver’s policy, confirm the basics only (the crash happened, the date, and where to send written correspondence), decline to discuss fault or injuries, decline the recorded statement, and end the call politely. If the call is about your own policy, give the prompt notice your policy requires, keep it short and factual, and get advice before you refuse or answer a request for a recorded statement. Then talk to a lawyer about everything else.
If an adjuster has asked you for a recorded statement, call before you answer. Tell Robert Parker which company called and what it asked, and he will tell you where you stand. He handles personal injury cases in Peoria, and the consultation is free. You can call before you have the police report or a claim number, and a spouse, parent or adult child can call for the person who was hurt. Call 309-673-0069.