Should I give the insurance company a recorded statement?

By Kyle P. Cottner, Esq. · Las Vegas Trial Attorney · 5 min read

No. Not to the other driver's insurance company, not casually, not to be polite, and not because the person who called sounded friendly. Here is why they want it, what they do with it, and what to do instead.

Why they want it on tape

The other side's insurance company records statements for one purpose: to create evidence it can use against your claim. The questions are designed by professionals and asked while you are injured, stressed, and unrepresented. Innocent answers become weapons. Say you are doing okay as a pleasantry, and it appears later as proof you were not hurt.

You are under no legal obligation to give the other driver's insurer a recorded statement. None. The urgency is manufactured.

The traps inside friendly questions

A few classics: questions about speed and distances you cannot actually know, asked so your estimate can be contradicted later. Questions about prior injuries, fishing for something to blame your pain on. Open-ended invitations to narrate, hoping you minimize. And the quiet one at the end, asking whether you are injured, asked before you have even seen a doctor for the full picture.

Adrenaline masks injuries for days. Locking yourself into a same-day description of your condition is exactly what the recording is for.

What about your own insurance company?

Your own policy may require cooperation, which can include a statement. That is different, but it still deserves care, especially in uninsured and underinsured motorist claims where your own insurer's financial interest is opposed to yours. The clean answer: let your lawyer schedule and sit in on anything your own carrier genuinely requires.

What to say instead

Something like: I am not giving a recorded statement. Please direct further communication to my attorney. That is the entire script. You can be polite. You cannot be helpful to them without hurting yourself.

Then call Kyle. Once represented, the calls stop coming to you at all, which is exactly how it should be while you focus on treatment.

This article is general information about Nevada law, not legal advice, and the rules have exceptions. For advice about your specific situation, call (702) 530-7777 for a free consultation.

Related Questions

People also ask.

No. The other driver's insurance company has no right to a recorded statement from you, no matter how routine they make it sound.

Do not panic, and do not give another. Tell your lawyer exactly what was asked and said. The damage is often containable, especially when the recording happened before your injuries were fully diagnosed.

Written statements carry the same risks. The answer is the same: nothing to the other side's insurer except your lawyer's contact information.

Client Reviews

What clients say.

★★★★★ 287+ five-star reviews on Google
★★★★★
Kyle was very helpful and efficient in regards to my case! Great communication & answered as many questions as I asked.
— Destiny
★★★★★
Kyle is an easygoing and highly communicative lawyer who genuinely cares about his clients. He takes the time to explain each step of the process clearly, making sure his clients feel informed and supported.
— Braiden
Calls get answered. ◆ Concerns get solved. ◆ Cases get bigger, faster.
Free Case Review

Get a straight answer about your case.

The consultation is free, there is no obligation, and you pay nothing unless Kyle wins your case.

Call
(702) 530-7777Free consultation, calls answered 24/7
Request your free review
We respond the same business day.

Submitting this form does not create an attorney-client relationship. Please do not include confidential information until a relationship has been established.

☎  Free case review · Call (702) 530-7777