Last Update: 4/29/26
10 issues you must know about before an insurance adjuster takes your recorded statement. Plus what to do if you already gave one.
Recording statements has been a tool used by adjusters to limit claims since recording equipment became available in the marketplace.
After an accident or when someone is injured in a way that involves an insurance claim, there will be (as a general rule) two insurance companies involved.
- the injured person’s insurance company (usually paying the medical expenses)(called “the first party carrier”); and
- the other person’s insurance company (the insurance policy of the one who hit you in the car accident, etc.)(called “the third party carrier”).
Most injury victims in Florida can expect that the representative of the insurance company who issued a policy for the Other Guy will contact them. These representatives are called “adjusters” and their job is to “adjust” the insurance claim for damages that is being made on the insurance policy.
These guys (or gals) are not your friends, no matter how friendly they may be. They are gathering information that can be used as evidence for the defense in any trial over the accident, evidence to help the Other Guy. Not You.
Abusive Insurance Adjusters and Leveling The Playing Field
One of the first things that you may hear from the Other Guy’s Insurance Adjuster is a request to chat with the injured person and to record the statement that is being made by the victim. This request (and this recording) can be in person or by phone.
This is the “recorded statement” which adjusters are pushed to get and which adjusters have lots of experience in getting, to help their side. They’re very savvy about how to ask questions to get answers that help their arguments later in the case. Be careful.
Additionally, you may get a request for a recorded statement from your own insurance company. They’re looking out for their bottom line, as well, not your best interests. If your insurance company can find a way to avoid paying your claim based on some lingo in the policy language, THEY WILL. Getting your recorded statement can be one fast way to deny your claim. Be smart.
10 Issues You Must Know About Recorded Statements
- The insurance adjuster cannot record you without your okay.
- The insurance adjuster must ask your permission to start recording.
- You can say NO to having a recorded statement.
- You can say NO to talking with either your Insurance Company’s Adjuster or the Other Guy’s Insurance Adjuster (refer him or her to your attorney, for example).
- They may call you early on in the case, not too long after the accident has occurred. You’re more vulnerable then.
- They may pressure you to give your statement with emotional tactics and manipulation. Don’t be manipulated.
- They may try and get you to give your statement by telling you it’s in your best interests to do so. It’s not.
- You cannot correct or change what you’ve said in a recorded statement. It stands on its own.
- The goal of the recorded statement is to get words in the recording that can be used as an “admission” against you later.
- You can offer to give a WRITTEN statement to them in your own good time as an option to a recorded statement if this helps get them off your back.
What If You Already Gave a Recorded Statement?
Many people find this page after it is too late. The adjuster already called. They talked. Now they are worried.
If that is where you are, the first thing to understand is that giving a recorded statement does not automatically end your case. Many Florida injury claims proceed successfully after a recorded statement has been given. What matters is what you said, what the evidence shows, and whether an experienced attorney can put the statement in context.
What the Adjuster Was Listening For
When the adjuster recorded you, they were listening for specific things. Any admission that you contributed to the accident. Any minimizing language about your injuries, such as saying you felt fine or that you were okay. Any description of the accident that differs from what the police report, surveillance footage, or witnesses show. And any statement suggesting your injuries did not affect your ability to work or enjoy your life.
These are the four categories that cause the most damage. If you said something in one of these areas, an attorney needs to know so the rest of the case can be built around the strongest available evidence rather than around what you wish you had said.
What You Can Still Do
Do not give a second statement. The adjuster may call again asking follow-up questions or requesting another recording. You are not required to comply. Tell them your attorney will be in contact.
Request a copy of the statement you gave. You are entitled to it. Your attorney needs to review the actual words before evaluating how damaging the statement is or is not.
Get medical attention now if you have not already. A gap in treatment since the accident is already a problem. Every additional day makes it harder to connect your injuries to the event. See a doctor and follow through on all recommended treatment.
Write down everything you remember about the call before more time passes. The time and date, the name of the adjuster if you have it, and everything you can recall about what was asked and what you said.
Do not accept any settlement offer without speaking to an attorney first. Insurance companies sometimes move quickly with a low offer when they sense the claimant is uncertain about their position. Any offer made before you understand the full extent of your injuries is almost certainly inadequate. A release, once signed, closes your claim permanently.
Does a Recorded Statement Always Hurt Your Case?
Not always. A statement given clearly, accurately, and consistently with the physical evidence can actually support your account. The problem is that most people give statements without a lawyer, without knowing what the adjuster is looking for, and without knowing the full extent of their injuries yet. Under those conditions, the statement almost always serves the adjuster more than it serves you.
Florida courts recognize that statements given shortly after an accident are not treated the same as sworn deposition testimony. The circumstances matter. An experienced civil trial attorney can address a recorded statement directly at trial by presenting evidence about your physical and emotional condition at the time, the way the questions were framed, and what facts you did not yet know. See: Strong v. Underwood, 275 So.3d 760 (Fla. 2019). There, the court held that there is no requirement that a party admission be trustworthy to be admissible and that challenges to reliability and corroboration go to the weight of the statement, not its admissibility.
You gave a recorded statement. That does not mean your case is over. Call Alan Sackrin for a free consultation and find out where you actually stand. No fee unless we win for all car accidents, slip and falls and other personal injury cases.
What Should You Do?
A good piece of advice if you are being contacted by an insurance adjuster is to speak with an experienced personal injury lawyer before giving a recorded statement to learn about your rights. Most personal injury lawyers, like Alan Sackrin, will offer a free initial consultation (over the phone or in-person) to answer your questions.
Related:
- I Already Talked to the Insurance Company. Did I Hurt My Case?
- 5 Things You Should Know About Car Insurance Adjusters
- Bad Faith By An Insurance Adjuster and Suing For Failing to Pay Your Insurance Claim
- Florida Insurance Adjusters Work Hard to Keep Car Accident Claims Payment As Low as Possible
_______________
Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.
