If you are in an accident, an adjuster or investigator may ask for your recorded statement.  Regardless of whether the adjuster works for your insurance company or the “other side” of the claim, the statement becomes a permanent record of your version of relevant facts.  Do not treat recorded statements lightly, and if your injuries are serious, talk to a lawyer first.

Unlike testimony in court or a deposition, you are not under oath when you give a recorded statement.  That is small consolation when the statement is played back to you at trial, and you have given incorrect information or left out important details.  Imagine an opposing attorney saying, “You may not have been under oath, but you said it, didn’t you?” Most personal injury jury trials revolve around the credibility of the plaintiff (i.e., whether you are telling the truth), so the other side will attack your credibility with a recorded statement.

Injuries that seem small at first may turn significantly worse. I have represented hundreds of people whose initial moderate neck or back pain ultimately led to surgery.  At the time of a recorded statement, you may have no idea that you will end up in a lawsuit.  Assume the recorded statement is important.

Here are some general pointers about typical traps people fall into when giving recorded statements:

1. Your medical history. You may have never had back pain this bad, but if you went to a doctor 20 years ago and complained of soreness in your back, say so.
2. Your current condition. Do not leave anything out that feels different, regardless of whether it is painful or related to the injury.  That numbness you feel on the front of your leg may be a symptom of a back injury.
3. Time, space and speed. Inaccurate details that can be measured can come back to haunt you.  You did not sit at a red light for “a few minutes,” the oncoming vehicle was not “a mile away,” and the other driver was not doing “eighty miles an hour” when he ran into you.  If you do not know an answer, do not guess!
4. Different kinds of recorded statements. Statements to police officers are recorded on accident reports.  Medical histories given to a doctor (verbally or on intake forms) are recorded in your medical records.  Jurors usually believe what they read on police reports or in medical records.
5. In Texas, only one party to a conversation must consent to a recording. You may be recorded without your knowledge!  Most insurance adjusters will ask your permission to record your statement.  Some investigators will not.  A good rule of thumb is: Whenever you speak with someone about an accident or your injuries, assume you are being recorded!