Within hours or days of a crash, the at-fault driver’s insurance company often calls and asks for a recorded statement, usually framed as a routine part of processing the claim. It is not. It is an investigative tool used to limit what the carrier pays.
The Detailed Answer
You Have No Obligation to Speak
You generally have no contractual or legal obligation to give a statement to the other driver’s insurer. Your obligation is to your own carrier, under the cooperation clause of your own policy.
How Adjusters Use Statements
- To pin you down on a single description of the crash before you have all the facts.
- To get you to say “I’m fine” or minimize injuries before symptoms fully develop.
- To extract admissions about distractions, prior injuries, or speed.
- To compare your later statements and impeach you with inconsistencies.
Your Own Insurer
Your own insurance policy generally requires cooperation, which may include giving a statement. Even then, the timing and scope are important. A lawyer may be present during the statement and may help limit the scope to what the policy actually requires.
What to Say in the Meantime
You may politely decline by saying you will follow up after speaking with a lawyer. You may confirm basic identifying information. You do not need to discuss fault, injuries, or treatment.
What This Means for Your Case
Joseph M. Jachetti’s 10 years as an insurance claims adjuster before becoming a Delaware personal injury lawyer means he has been on the other side of these calls. He knows the questions adjusters ask and why they ask them. Saying nothing is almost always safer than saying the wrong thing.
Related Questions
Q: What if the adjuster pressures me?
Pressure is a tactic. You may end the call at any time and call a lawyer.
Q: What if I already gave a statement?
Talk to a lawyer right away. Damage may be limited if addressed early.
Q: How do I deal with my own adjuster?
See how to deal with an insurance adjuster in Delaware.
When to Talk to a Delaware Personal Injury Lawyer
Before any recorded statement, even with your own carrier, consider talking to a lawyer. The Delaware auto accident team at Schuster Jachetti LLP may be able to help. Learn about Joseph M. Jachetti.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.