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The insurance company wants me to give a recorded statement after the auto accident, do I have to do that? No, not right away. First, in Florida you do not have to give the insurance company for the other driver a recorded statement. But they do try to reach you and convince you that you do have to give them a recorded statement. In Florida you don’t have to do that when it is the at-fault driver’s insurance company calling you. Second, if it is your own insurance company you may have to give a recorded statement to them eventually. We say, “eventually” because you have the right to have your attorney–hopefully the experienced attorneys here at–on the phone with you when you give that recorded statement.

Recognize this. When an insurer asks you for a recorded statement, whether it is your insurer or the other driver’s insurer, they are looking for one thing: not to pay. Both your insurer and the other person’s insurer do not want to pay anything on a claim. They don’t tell you this, but the first questions you will be asked will be about whether that insurer has to pay you anything. They will be reading from a script or will have done the recorded statement so many times they don’t need the script any longer, and that script has questions for you designed to minimize payout by that insurer.

Recognize this second point. There is no loyalty when it comes to auto insurance. There is no such thing any longer that you’ve been a customer of “XYZ” insurance company for ten years, or that you have never made a claim in ten years. They do not factor any of that into whether they are going to cover you.  Customer loyalty may have been “a thing” many years ago, but it no longer is now. If an insurer can keep from paying anything on a claim—even if it is your own insurer—they take that path. That is why you need an attorney on the phone with you during any recorded statement to protect your rights to recover the maximum amount you are legally due to recover.

There is a reason why the insurers—yours and theirs—will be calling you repeatedly after an auto accident. It is because they want to get information from you before you retain an attorney. The insurers all know that statistics show an injured person recovers more in their pocket when they have an attorney represent them. So for many of the auto insurers they have internal rules about making contact with you within 24 to 48 hours of an automobile crash. Have you already received calls from the insurer(s) after your auto crash? The reason for this is the insurers want to get that recorded statement before you retain an attorney, and many of them try to get you to sign a Release for a few dollars right after the crash. Don’t fall for that. The truth is for most people injured in an automobile crash that they do not know the extent of their injuries, or medical bills, or time out of work, within the first 24 to 48 hours. The insurers know this, but some are very aggressive about trying to get you to sign a Release of all your rights at the outset. Once again that is not about what is fair or right for you, it is about saving the insurance company as much as possible.

If your insurance company wants a recorded statement–the agreement between you and your own insurance company says you will give them a recorded statement–but it does not say when you have to do that and it does not say that you cannot have your attorney on the line with you at the same time. So, yes, you have an obligation under your agreement with your own insurance company to give a recorded statement, eventually, but you have the right to be accompanied by an experienced attorney on the line with you to make sure all of your rights are protected.

At we make sure your rights are protected. We have been fighting for our clients injured in auto crashes for 25 years. Don’t go it alone. The insurance company has adjusters who do this every day and read from scripts designed by their attorneys.  Protect yourself and your rights with our attorneys who fight for you at no upfront cost. We only get paid after you get paid.

CONTACT US AT to fight for you.

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