(910) 455-7700 
The short answer is no, you should not agree to provide a recorded statement to the other driver’s insurance company after a crash in North Carolina. Recorded statements are one of the leading insurance company tactics deployed in an attempt to minimize claim payouts.
Of all the things you may have to deal with after a car crash, talking to insurance adjusters is a step that has unique potential to affect the outcome of your injury claim. You should report the accident to your own insurance company, but the other driver’s insurer will likely also call you to get information on the accident. Your best option is to let an experienced car accident attorney from The Law Offices of John Drew Warlick, P.A., handle all the communications for you.
Why Insurance Adjusters Request Recorded Statements
Insurance companies employ adjusters who investigate and evaluate claims to determine whether the company should pay a claimant and, if so, how much.
Keep in mind that insurance companies are for-profit businesses, and paying out claims eats into their margins. If you file an insurance claim after an NC car accident, the adjuster working for the other driver’s insurance company may seem very friendly on the phone, but they aren’t looking out for your best interests. They’re trying to protect their employer’s bottom line, and they’re looking for any way to minimize or deny your claim.
One of the most effective steps an insurance adjuster can take is securing a recorded statement from a claimant. If the adjuster can get you on the record making even a small admission that might undermine your claim, they can use the recorded statement against you to reduce their settlement offer or deny your claim outright.
Why Recorded Statements Are Especially Risky in North Carolina
Going on the record to answer an insurance adjuster’s questions after a car accident carries inherent risk. But a unique element of North Carolina law makes giving a recorded statement even riskier.
The state uses the very strict legal doctrine of contributory negligence. The rule holds that a person who is found to bear any responsibility at all for an accident is ineligible to recover any compensation for their accident-related losses – even if the other party was 99 percent at fault.
Working with an experienced North Carolina car accident lawyer from The Law Offices of John Drew Warlick, P.A., can greatly reduce the risks associated with a recorded statement, and may even prevent you from being directly asked to give one in the first place. Our lawyers have extensive experience handling auto collision claims, and we can protect you from situations in which you could inadvertently say something that puts your right to financial recovery in jeopardy.
Can I Refuse to Give a Recorded Statement?
Whether you have an obligation to give a recorded statement depends on which insurance company is asking you to do so. If you filed a claim against another driver’s liability coverage, that is considered a third-party claim. You aren’t insured under their policy, and you generally have no obligation to give the company a recorded statement.
Requests from your own insurance company are another matter. If, for example, you filed an uninsured/underinsured motorist (UM/UIM) claim against your own coverage, the terms of your policy may require you to give a recorded statement. At a minimum, you’ll have a legal obligation to cooperate with your insurer’s investigation of the crash under the policy’s cooperation clause.
However, even then, you may not need to do more than report basic facts about the accident, such as where and when it took place and what losses you suffered as a result.
In any event, before you give a recorded statement even to your own insurer, it would be smart to have our car accident attorneys review the terms of your policy and help you understand your rights and obligations.
Mistakes to Avoid When Speaking to the Insurance Company
Given the risks of speaking with insurance adjusters, it’s important to know what you can do to protect yourself. Try to avoid making the following mistakes, even if the call isn’t being formally recorded:
- Admitting fault – Don’t apologize or speculate about whether you caused the crash.
- Guessing – If you don’t know an answer, say so rather than trying to fill in details.
- Minimizing your injuries – Some symptoms may worsen or become more apparent over time.
- Giving unnecessary details – Keep your answers limited to what they’re asking for.
- Agreeing to a recorded statement – Consult with our North Carolina car accident attorneys before providing a recorded statement to the insurance company.
- Accepting an early settlement – You may not yet know the full extent of your losses.
With so much at stake, it’s natural to feel nervous about talking to an insurance adjuster. The good news is that you don’t have to go through the process alone. In fact, you may not have to talk to an adjuster at all if you retain our attorneys soon after an accident. Our experienced personal injury lawyers can manage all communications and negotiations with insurers for you, which can go a long way toward safeguarding your rights.
When to Talk to a Lawyer Before Giving a Statement
The car accident claims process is rarely as straightforward as it might seem. If you got seriously hurt, have missed work due to the accident, or worry the other driver might try to blame you for the crash, you need our attorneys on your side. If an insurance adjuster is pressing you for information or trying to get a recorded statement, the safest approach may be to tell them you’d like to speak with your attorney first, even if you don’t have one yet.
Contact a North Carolina Car Accident Lawyer
Don’t wait to get the representation you need after a car accident. At The Law Offices of John Drew Warlick, P.A., we have a long track record of successful outcomes in car accident cases and extensive experience dealing with insurers. For three generations, we’ve served the people of Jacksonville and surrounding areas of North Carolina with dedication and a commitment to seeking positive results.
Contact us today to learn more about what we can do for you. We’re available 24/7 to take your call and arrange a free case review.
