South Florida Personal Injury Lawyers Blog
After a Miami car crash, an adjuster from the other driver’s insurance company will almost always call within a day or two and ask for a recorded statement. You are not required to give one. Florida law does not impose any duty on an injured person to provide a recorded statement to the at-fault driver’s liability insurance carrier, and giving one almost always hurts your claim more than it helps.
The car accident attorneys at Friedman Rodman Frank & Estrada have represented injured drivers and passengers across Miami-Dade and Broward Counties since 1976, and the early phone calls from adjusters are one of the most common ways people accidentally damage their own cases. The good news is that protecting yourself takes about thirty seconds—once you know the difference between your insurance company and theirs.
Your Insurance Company vs. the At-Fault Driver’s Insurance Company
A recorded statement is a legally significant interview in which an insurance adjuster asks the injured person questions and records the answers for use in the claim. The duty to give one depends entirely on which insurance company is asking.
You have a contractual duty to cooperate with your own auto insurer. Florida Statute § 627.736 governs personal injury protection (PIP) benefits, and subsection (6)(g) requires an insured seeking PIP benefits to comply with the terms of their policy, including submitting to an examination under oath when properly requested. Refusing to cooperate with your own carrier can cost you your PIP benefits.
You owe none of those duties to the at-fault driver’s insurance company. There is no contract between you and the other driver’s insurer. There is no Florida statute requiring you to speak with them. You are not their insured, and they have no claim on your cooperation.
Why Adjusters Call So Early—and What They Are Listening For
Liability adjusters from the at-fault driver’s insurer call early for a reason. They want to lock you into a version of events and a version of your injuries before you have finished medical treatment, before you understand the full picture, and before you have spoken with a lawyer.
A few things they are listening for:
- Phrases like “I’m fine” or “I think I’m okay”—useful later to argue your injuries were minor
- Pre-existing conditions you mention in passing—useful later to argue your injuries came from something else
- Uncertainty about how the crash happened—useful later to argue you were partly at fault under Florida’s comparative fault rule in Florida Statute § 768.81
- Anything you say off the cuff that contradicts your later medical records or deposition testimony
The adjuster is friendly and sounds like they are trying to help. They are not. They work for the company that will pay your claim, and their job performance is measured by how little the company pays.
What to Do Instead
When the at-fault driver’s insurance company calls, you can politely decline to give a recorded statement and tell them you will follow up after speaking with an attorney. You do not need to be rude, and you do not need to explain yourself. Take down the adjuster’s name, claim number, and direct phone line, and end the call.
If you have already given a recorded statement before reading this, that is not the end of your case. A lawyer can usually still build a strong claim around what was said—but the earlier you stop talking to the other side’s adjuster, the better.
Talk to a Miami Car Accident Lawyer Before You Talk to Their Adjuster
If you were hurt in a South Florida crash and the at-fault driver’s insurance company is pressing you for a recorded statement, call Friedman Rodman Frank & Estrada at (305) 448-8585 first. The consultation is free, we work on contingency, and you can contact us online any time, day or night.