Should I Give the Insurance Company a Recorded Statement After an Accident in Florida?

If you have been seriously injured in a car accident in Florida, you will likely have to deal with insurance companies – regardless of who was responsible for the crash. You can expect that the other driver’s insurance company will ask you to give a recorded statement. But should you?

At Zervos & Calta, PLLC, we want to bring some clarity to what can be a stressful situation. Our attorneys can review the details of your accident, help you understand your rights, and help you avoid doing anything that could undermine your ability to seek a full recovery.

If you have been injured and another driver caused the accident, you should discuss the situation with a personal injury attorney. Call now for a free initial consultation.

Should I make a statement to the insurance provider?

There’s a good chance the insurance company will tell you that a recorded statement is required in order for your car accident claim to be processed. But you should know that there is no law in Florida requiring you to give a recorded statement to another driver’s insurance provider.

While you may be eager to tell your side of the story and settle the claim, keep in mind that the insurance company is not looking out for your best interests. The insurer is a for-profit company seeking to do everything possible to minimize the value of your claim.

How should I deal with requests from the other motorist’s insurance company?

An insurance adjuster is looking to use your recorded statement to document the extent of your injuries and to seek admission of fault on your part. The adjuster is seeking reasons to deny your claim or reduce the amount of any settlement you receive. The insurer would like to speak with you before you discover the full extent of your injuries, medical expenses, and other losses related to the accident.

When taking a recorded statement, insurance adjusters are looking for you to say things like, “It was my fault,” “It was my mistake,” or I’m sorry.” They want evidence that indicates you were at least partly responsible for the crash. Any such statement can reduce the amount of compensation you receive – if you get any at all.

Before giving a recorded statement to another driver’s insurer, it’s critical that you talk with an experienced Florida car accident attorney, review your insurance policy, and prepare what to say ahead of time. A skilled lawyer can offer guidance and help you avoid doing or saying something that could diminish the claim.

The insurance adjuster will try to get you to describe the accident in your own words. You are under no obligation to record a detailed play-by-play of the car crash. Tell the insurance adjuster that you do not feel comfortable giving a recorded statement and will instead provide one in writing. Consider contacting a Florida personal injury lawyer before you do so.

Can they use my words against me?

Yes, insurance companies are looking for ways to use your words against you when they take a recorded statement. It’s important to understand that a recorded statement is rarely beneficial to the injured car accident victim.

Any recorded statement could have a major impact on your claim. It’s highly advisable that you consult an experienced Florida car accident lawyer before providing a recorded statement. Your attorney can ensure that you are aware of your rights.

Do I have to give a statement to my own insurance company?

Depending on the terms of your policy, you may be obligated to give your own car insurance company a statement. When you purchased your car insurance, you signed a contract. That contract usually states that you have a duty to cooperate with your insurer, which includes providing a statement. Failure to comply could mean your policy will be canceled.

While the terms of your policy may require you to provide a recorded statement, it’s important that you postpone the recording session until you have consulted with an attorney. This is especially important if the car crash caused you serious injuries.

What should you do after a traffic crash in Florida?

If you have been involved in a car accident in Florida, we recommend taking the following steps:

1. Dial 911 to report the accident. Inform them of the exact location of the crash. They need to know where you are located and whether anyone needs an ambulance.
2. Exchange information with the other driver and witnesses. Exchange full names, contact information, and motor vehicle information with the other driver. If they ask to see your driver’s license, show it, and ask for theirs. Note the make, model, and color of the other driver’s vehicle. If there are any witnesses to the accident, get their contact information.
3. Get medical attention. If you are injured, wait for paramedics to arrive. Even if you feel your injuries are minor, they may be far more serious than you realize. If you do not receive treatment at the scene, go to a doctor for a medical examination. Get copies of any MRIs, CT scans, and x-rays, and hold on to all receipts for medical expenses.
4. Don’t post anything related to the accident on social media. Anything you share on Twitter, Instagram, or Facebook may be used against you, even if you believe that your account is private. Don’t post pictures or videos from the crash or discuss your injuries. An insurance company may obtain the comments and images you post and use them to deny your claim.
5. Monitor your injuries and keep a pain journal. Not all injuries may be apparent after an accident. Keep a pain journal that describes the symptoms you are experiencing in the weeks and months following the crash.
6. Consult with a knowledgeable Florida car accident lawyer. Dealing with insurance companies can be complicated and frustrating. When you have an experienced attorney representing you, your chances of recovering compensation increase substantially.

Contact a Florida Car Accident Attorney

Have you been injured in a car accident caused by another driver in Florida? You should seek an attorney’s guidance to deal with the insurance companies. The attorneys at Zervos & Calta, PLLC are ready to assist you, as we have helped many others. Our highly skilled and compassionate Tampa Bay car accident lawyers have more than a half-century of combined personal injury experience. We are prepared to stand up for you and fight for the full compensation you need to move forward after a serious injury. Call now for a free case review.

About the Author

Angela Zervos
Angela has spent more than 20 years of her legal career fighting for personal injury victims – and against big insurance companies. As a true trial lawyer, she takes on a wide variety of personal injury claims, including those involving motor vehicle accidents, slip-and-fall accidents, medical malpractice, traumatic brain injuries, and wrongful death. Prior to starting her own law practice, Angela secured more than $80 million in settlements and jury verdicts for her clients – a 90 percent success rate since 2002. Her efforts on behalf of her clients have resulted in numerous accolades. For example, Angela maintains a “Superb” 10.0 rating from AVVO, an “AV Preeminent” rating from Martindale-Hubbell, and she is ranked among the Top 100 civil trial lawyers by the National Trial Lawyers Association. Zervos & Calta, PLLC serves the entire Tampa Bay area – including Pinellas County, Pasco County, Hernando County, and Hillsborough County – from offices in Tarpon Springs, Spring Hill, Clearwater, and St. Petersburg.