Do You Have to Give the Other Driver's Insurance Company a Recorded Statement?

Should you give a recorded statement to the other driver's insurance company? In Kentucky, almost always: no. This page explains why, and what to say instead. Free consultation for personal injury cases: 502-509-9407.

No.

You are not legally required to give a recorded statement to the other driver’s insurance company. You should not do it without speaking to an attorney first.

Here’s why that matters, and what you should do instead.

Why the Other Driver’s Insurer Wants a Recorded Statement

When the other driver’s insurance company calls you after an accident – sometimes within hours – they are not calling to help you.

They are calling because a recorded statement can be used to reduce your claim or deny it entirely.

The adjuster is trained to ask questions that sound conversational but are designed to extract useful information: statements about your pain level that contradict your medical records, admissions of fault or uncertainty about what happened, descriptions of the accident that can be used to argue comparative negligence.

People who are still in shock, still in pain, and not sure what they’re legally entitled to are not in a position to give a statement that serves their own interests.

The Short Script for When They Call

If the other driver’s insurer calls, you don’t have to say much. Something like:

“I’m not able to give a statement right now. Please send your contact information and I’ll be in touch.”

That’s it. You don’t have to explain yourself. You don’t owe them a recorded statement.

What About Your Own Insurance Company?

This is different.

Your own insurer is different from the other driver’s insurer. Your own auto insurance policy almost certainly requires you to cooperate with your insurer’s investigation, which may include giving a recorded statement. Refusing to cooperate with your own insurer can affect your coverage.

The rule of thumb:

  • Other driver’s insurer: No recorded statement required. Politely decline until you’ve talked to an attorney.
  • Your own insurer: Read your policy and talk to an attorney before the statement, but be aware that cooperation is usually required.

Even for your own insurer, you can ask to give the statement with your attorney present, or to review the statement afterward.

What About the Police Report?

You are required to provide accurate information to law enforcement at the scene and in any official report. That is not a “recorded statement” in the insurance sense. Cooperate fully with police.

What you say at the scene – to other drivers, bystanders, or even your own insurer’s initial call – can also end up in records. “I’m sorry” or “I didn’t see you” are the kinds of statements that get used later. Be accurate and factual at the scene, but avoid speculating about fault.

What You Should Do Instead

  1. Get the other driver’s information – name, insurance company, policy number, driver’s license, contact.
  2. Take photos – vehicle positions, damage, skid marks, street signs, intersections.
  3. Get witness contact information if anyone stopped.
  4. Get medical attention – even if you’re not sure how hurt you are. Some injuries don’t present immediately.
  5. Don’t post about the accident on social media. Insurance adjusters look.
  6. Talk to an attorney before giving any statement to anyone other than police.

The Bottom Line

An insurance adjuster handles these calls hundreds of times a year. You’ve probably had this experience once. That information asymmetry is real, and it’s exploited routinely.

A recorded statement given without legal advice is one of the most preventable ways people damage their own claims.

If you’ve been in an accident in Louisville or anywhere in Kentucky and you’re not sure what to do – about a recorded statement or anything else – we offer free consultations for personal injury cases. Call us before you call them back.

Batey Brophy & O’Dea, PLLC 161 St. Matthews Ave., Suite 16 Saint Matthews, KY 40207 (502) 509-9407

What to Do After a Car Accident in Louisville → Do You Need a Lawyer After a Car Accident in Kentucky? → Car Accident Lawyer in Louisville →

This is an advertisement. The attorneys at Batey Brophy & O’Dea are licensed to practice law in the Commonwealth of Kentucky. The information on this page is for general informational purposes and does not constitute legal advice. Contacting this firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Each case is different and must be evaluated on its own facts.

Questions about your specific situation? Call 502-509-9407 or reach out online. Free consultations are available for personal injury and Social Security disability cases.