Within days of a crash, a friendly adjuster often calls asking you to “just describe what happened.” The request seems harmless. In a 50%-bar comparative negligence state, it can be decisive.
The Statement Is Evidence Against You
A recorded statement is not a conversation — it is sworn-quality evidence the insurer can use to argue you were distracted, speeding, or partly to blame. Even honest answers, given while you are injured and stressed, can be twisted to inflate your share of fault.
You Are Not Required to Give One
You generally have no obligation to give a recorded statement to the other party's insurer. You may have a duty to cooperate with your own insurer, but even then the scope is limited. When in doubt, get advice before speaking.
What to Say Instead
Confirm only the basics — names, date, location — and decline to be recorded until you have spoken with an attorney. “I'm still being treated and I'll follow up” is a complete answer.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Maine attorney.