The other driver's adjuster will call within 48 hours. You owe them nothing. Decline politely.
Reviewed by Graham W. Syfert, Esq., Florida Bar No. 39104. Last updated .
You owe a statement to your own insurer under your policy's cooperation clause. You owe nothing to the other driver's insurer. Their adjuster is not your friend, not neutral, and not gathering information for your benefit. Decline politely and refer them to your lawyer.
An insurance adjuster works for the insurance company. The adjuster's job is to value the claim and pay as little as practical. The adjuster is friendly, sympathetic, and trained to put you at ease. None of that changes the adjuster's loyalty.
A recorded statement is a sworn or recorded factual narrative. The adjuster asks questions and you answer. The recording becomes evidence. Anything you say can be used to challenge your credibility later, to anchor the adjuster's valuation low, or to defeat the claim entirely.
The adjuster will ask about the crash, your injuries, your medical history, your prior accidents, and your daily activities. Each topic is a trap if you do not know the legal significance.
Your own auto policy contains a cooperation clause. Most clauses require you to assist with the investigation of any claim under your policy, including your own PIP claim. That obligation runs to your own insurer. Cooperate with your own adjuster. Decline the other driver's adjuster.
You have no contract with the other driver's insurer. No statute requires you to give a recorded statement. The adjuster has no power to compel one. Politely decline and provide no recorded narrative. If the adjuster pushes, refer them to your lawyer.
The other driver's adjuster typically calls within 48 hours. Sometimes within hours. The timing is intentional. The first call catches you when adrenaline has not faded, memory is incomplete, and you have not yet seen a doctor for treatment. Anything you say in those first hours becomes anchor evidence.
What to say if the adjuster calls: "I am not giving a recorded statement. Please send any communications to me in writing or to my attorney." Hang up.
Your own PIP adjuster will need basic information to process the claim: where the crash happened, when, who was involved, where you are getting treatment. Provide that information. A formal recorded statement to your own PIP adjuster is rarely necessary, but the cooperation clause may require it in some circumstances. When in doubt, ask a lawyer first.
The police report is a separate matter. Cooperate with the responding officer at the scene. The officer's report is admissible in many proceedings. Be honest, be brief, and do not speculate. Do not admit fault. "I do not know what happened" is a complete answer if you genuinely do not know.
Call before you give any statement. The free consultation is shorter than the recorded statement they want.
Call: 904-383-7448