What is a Recorded Statement in a Personal Injury Case?


 When you hire a skilled personal injury attorney to handle your case, they will be monitoring and working on your case throughout the process. As part of your case, your personal injury attorney may contact you, to let you know that your insurance company wants to take your recorded statement. A recorded statement is simply a short statement by you, of the accident, your current injuries and treatment.


Your personal injury attorney will advise you that recorded statements are required when you are making a UIM (under-insured motorist claim). UIM claims come into play, when the person who caused the accident does not have enough insurance to cover your claim and you are tapping into your own insurance coverage that you purchased, called UIM coverage. (Read our UIM blogpost to find out more about UIM claims.)

If you have UIM insurance coverage, your insurance company is allowed to take your recorded statement. When you sign up for insurance, you agree to ‘cooperate’ with your insurance company when you make a claim. Cooperation has been deemed, in part to mean, giving a recorded statement. By contrast, the other person's insurance company cannot require you to give a recorded statement, since you are not their insured. In other words, you did not sign an agreement with them to let them take your recorded statement.

A reputable personal injury attorney will make sure that the recorded will take place at their office and your attorney will be present. Your lawyer’s office will also make sure that the recorded statement is scheduled on a day and time that works with your schedule. The insurance company will call the attorney’s office. Your attorney will put the call on "speaker mode", so you and your attorney can both hear the questions. You as the injured person, will be providing the answers. 

Your personal injury lawyer may ask you follow up questions, if necessary, to clarify any answers you provided. A recorded statement usually only takes 15 to 30 minutes. On the day of your recorded statement, you will arrive at your personal injury attorney’s office 15 minutes early, to go over your current treatment status and the recorded statement process with you, so you are fully prepared. 

Next time, we will discuss different types of personal injury cases.

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