Should You Give the Insurance Company a Recorded Statement After an Accident in California?

If you have been involved in an accident in California, you may be wondering how you should communicate with insurance companies following the accident. Insurance adjusters often attempt to downplay injuries and the defendant’s share of liability during settlement negotiations. What you say on a recorded call can have an impact on the compensation you receive. Should you give the insurance company a recorded statement after an accident in California?

The short answer is no. You are not required by law to submit a recorded statement to an insurance company, and these statements can often be used against you. Before speaking with an insurance company representative, you should consult with a car accident lawyer to advise you of your rights. At Amendt Law, we have a proven record of successful negotiations with insurers, representing clients throughout San Bernardino County.

How Insurance Companies Use Recorded Statements

There were over 40,000 fatalities due to vehicle accidents in the country in 2023, and over 4,000 in California that same year, according to the National Highway Traffic Safety Administration. Car accidents are common on California roadways due to heavy traffic and distracted driving. Even if your injuries after an accident are minor, you will still need to file a claim for damages.

After a car accident, you may feel overwhelmed and confused about what you should do regarding reporting the accident and filing a claim with insurance. Insurance companies focus their efforts on minimizing payouts, and a recorded statement often becomes the basis for invalidating or diminishing your claim.

Insurance companies seek to:

• Identify inconsistencies between your recorded statement, the police report, and medical statements.
• Identify areas of uncertainty and invalidate your recollection of events, raising doubt about negligence.
• Attempt to trap you into admitting fault for the accident.

Many times, injuries due to car accidents can take several days to emerge. Insurance companies know this, and attempt to pressure you to settle for a lesser amount to avoid a payout that accurately reflects the scope of your injuries. The things you disclose in your statement can often be used as evidence against you.

What Should You Do After an Accident?

Following an accident, you should gather as much evidence as possible and then contact a lawyer, who can communicate with the insurance provider on your behalf. Estimates from 2022 show that 2.38 million people were injured in car accidents, and given the nature of insurance company tactics, it’s likely that many of those injured did not receive the compensation they deserved.

When you hire a car accident lawyer, you should direct all calls from insurance providers to your lawyer, who can negotiate on your behalf so that the insurance representatives cannot pressure you into making risky statements.

You should document all of your medical treatments, any property damage, witness statements, and request a copy of the police report. Avoid making any statements about the accident on social media or text messages to friends or family members, as this can all be used as evidence against you.

In short, it is in your interests to leave insurance communication and negotiation, and if necessary, litigation, to a qualified personal injury accident lawyer who can advocate for you without compromising the integrity of your car accident case.

Take Action Sooner Rather Than Later

You may be tempted to avoid taking legal action out of fear that litigation will result in a lengthy legal process that costs you time and money. In fact, most insurance settlements are negotiated outside the courtroom and require little of your time and energy. A knowledgeable California car accident attorney can guide you through the process of pursuing a claim and take the burden of self-advocacy off your shoulders.

Because of California’s 2-year statute of limitations, it is crucial to act quickly after an accident to protect your right to pursue compensation. Your lawyer can investigate the events around your accident and build a comprehensive legal strategy that increases your chances of a favorable outcome.

In 2024, the average personal injury/liability claim for bodily injury in a car accident exceeded $28,000, and in many circumstances, a qualified lawyer can help their clients receive above-average settlements for damages beyond medical expenses and property damage, including compensation for pain and suffering, mental anguish, and diminished earning potential.

FAQs

It Was Just a Fender Bender. Should I Give a Recorded Statement to My Insurance Adjuster?

Even if your accident was minor and there are no injuries, it is still advisable to speak to a car accident lawyer before contacting the insurance company. Even fender benders can cause soft tissue injuries that may not appear for days, requiring treatment and rehabilitation months beyond the accident.

What Should I Not Tell My Insurance Company?

There are things to avoid saying to an insurance company. Never admit fault for the accident. Often, insurance companies pretend to be sympathetic and use manipulative tactics to generate a confession of liability for the accident, which they can use to invalidate your claim for damages. A qualified attorney can advise you on the most beneficial course of action after an accident.

What’s the Biggest Mistake People Often Make When Dealing With an Insurance Claim?

One of the biggest mistakes people often make when dealing with an insurance claim is accepting an inadequate settlement due to pressure from the insurance company. Many times, accident victims wish to put an accident behind them as soon as possible, not realizing that a small settlement will not adequately cover the medical care and financial strain generated by an accident.

How Much Do Accident Attorneys Cost?

The cost of accident attorneys for personal injury and car accident cases can vary by law firm, but is usually calculated on a contingency basis, which means the attorney will not receive compensation unless you do. Personal injury lawyers receive a percentage of the settlement, which is subtracted before you receive the net amount.

Don’t Make a Costly Mistake. Hire a Car Accident Lawyer From Amendt Law

Your actions following a car accident can have long-lasting consequences. It is crucial to contact a car accident lawyer as soon as possible after your accident to begin building a case that addresses your right to compensation. At Amendt Law, we work hard to protect your rights, with decades of experience in all areas of personal injury law. Contact us today to schedule your free consultation.