Should I Give a Recorded Statement to the Insurance Adjuster After an Accident?

After a car accident in Illinois, it often happens quickly: the phone rings, and an insurance adjuster asks if you can provide a recorded statement. They may say it is “routine” or “just part of the process.”

Many injured drivers in Peoria and throughout Central Illinois ask the same question: Should I give a recorded statement to the insurance adjuster?

In most situations, especially when you were injured, the safest answer is: not without legal guidance.

This article explains what a recorded statement insurance adjuster request really means, why insurers want one, how it can affect your claim under Illinois law, and what happens if you decline.

What Is a Recorded Statement?

A recorded statement is a formal interview conducted by an insurance adjuster. It is usually done over the phone and recorded electronically. The adjuster will ask questions about:

The details of the accident
Your injuries and symptoms
Your medical history
What you were doing before and after the crash

Your answers are transcribed and stored. Once given, a recorded statement becomes part of the claim file and can be used during negotiations — or in court.

Why Does the Insurance Adjuster Want a Recorded Statement?

Insurance companies are not neutral parties. Their goal is to resolve your claim for as little as possible. The recorded statement serves that goal in several ways:

1. To Lock in Your Version of Events

Early statements are taken before you fully understand the scope of your injuries. Anything you say at that stage becomes your “official” account — even if your understanding changes later.

2. To Identify Comparative Fault Arguments

Illinois follows a modified comparative fault system under 735 ILCS 5/2-1116. If the insurer can show you were partially at fault, your recovery is reduced. A recorded statement is an opportunity to find admissions that support that argument.

3. To Minimize Injury Claims

If you say you “feel fine” or describe injuries as “minor,” those words may be used to argue your claim is worth less.

4. To Search for Preexisting Conditions

Adjusters may ask about prior injuries, surgeries, or chronic conditions. Answers to these questions can be used to argue your current injuries are not related to the accident.

Is a Recorded Statement Required in Illinois?

No. Illinois law does not require you to give a recorded statement to the at-fault driver’s insurance company. You are not legally obligated to comply with the request.

If you are dealing with your own insurer (such as for uninsured or underinsured motorist coverage), your policy may include a cooperation clause. However, even in that situation, you have the right to have an attorney present.

For more on how insurance timelines work in Illinois, see our insurance settlement timeline guide.

Risks of Giving a Recorded Statement Without Legal Counsel

1. You May Undervalue Your Injuries

Injuries evolve. What feels minor on day one may require months of therapy or even surgery. A recorded statement captures your condition at the earliest stage.

2. You May Accidentally Accept Partial Fault

Under Illinois comparative fault law (735 ILCS 5/2-1116), even small admissions can reduce your recovery. A 20% fault allocation reduces a $100,000 claim to $80,000.

3. The Adjuster Is Trained to Ask Leading Questions

Insurance adjusters are trained professionals. They know how to phrase questions in ways that encourage admissions.

4. Your Words Can Be Used Later in Litigation

If negotiations fail and a lawsuit is filed, the recorded statement may be discoverable and used for impeachment.

Common Adjuster Tactics During Recorded Statements

Understanding common tactics helps explain why caution is warranted:

Open-ended questions designed to elicit admissions — “Can you tell me everything that happened?” may seem friendly, but every word is being evaluated.
Sympathy as a tool — Adjusters may express concern to encourage you to share more than necessary.
Repetitive questions — Asking the same question in different ways to create minor inconsistencies.
Requests for unnecessary medical details — Probing for preexisting conditions or unrelated health issues.

What Happens If You Refuse to Give a Recorded Statement?

If you decline a recorded statement from the at-fault driver’s insurance company, your claim continues. You can still submit a demand letter, negotiate, and pursue litigation if necessary.

Declining a recorded statement does not weaken your claim. In many cases, it protects it.

What Should You Do Instead?

1. Focus on Medical Care

Your first priority after any accident should be diagnosis and treatment. Injuries like whiplash, concussions, and soft tissue damage may not appear immediately.

2. Document Everything

Keep records of medical visits, expenses, lost work time, and how injuries affect your daily life. This evidence supports your claim later.

3. Consult an Attorney Before Giving Any Recorded Statement

An experienced personal injury attorney can:

Evaluate whether a recorded statement is necessary
Prepare you for the types of questions asked
Be present during the statement
Protect you from improper questioning

If you are unsure about next steps immediately after a crash, visit our
What to Do After a Car Accident guide.

FAQs About Recorded Statements and Insurance Adjusters

Am I required to give a recorded statement after a car accident in Illinois?

No. You are not legally required to provide a recorded statement to the other driver’s insurance company. Your own insurer’s policy may include a cooperation clause, but even then, you can have an attorney present.

Can what I say in a recorded statement be used against me?

Yes. Anything you say in a recorded statement can be used by the insurance company during negotiations or in court to reduce the value of your claim or argue comparative fault.

What if the insurance adjuster says it is required to process my claim?

This is a common tactic. In most cases involving the at-fault driver’s insurer, a recorded statement is not required. Politely decline and consult an attorney.

Should I talk to a lawyer before speaking to the insurance company at all?

In most injury cases, yes. Even casual conversations with adjusters can affect your claim. An attorney can advise you on what information to share and how to protect your rights.

Talk to a Peoria Car Accident Lawyer Before Giving a Statement

If an insurance adjuster has contacted you after a car accident, it is important to understand your rights before responding.

At Parker & Parker Attorneys at Law, we advise injured clients in Peoria and throughout Central Illinois on how to handle insurance communications and protect the value of their claims.

For more information, visit our Peoria car accident lawyer resource page.

Contact Parker & Parker Attorneys at Law for a free consultation today.

Parker & Parker Attorneys at Law
300 NE Perry Ave., Peoria, IL 61603
Phone: 309-673-0069