What Happens If You Refuse an Insurance Company’s Request for a Recorded Statement?

After an accident or injury, one of the first calls many people receive is from an insurance adjuster requesting a recorded statement. This recorded statement is typically an audio interview in which the insurer asks you to recount what happened. While it might sound routine or even necessary, agreeing to provide a recorded statement can carry significant risks, especially if the adjuster represents the at-fault party’s insurance company. In this blog, we explain your rights when asked for a recorded statement, what may happen if you refuse, and how that decision can affect your claim.

“Insurance adjusters are trained negotiators whose job is to protect the company’s bottom line, not your recovery. Refusing a recorded statement until you’ve consulted with experienced counsel is one of the strongest ways you can protect your claim and ensure that your rights and interests are fully represented throughout the process.” – John J. Malm, Naperville personal injury lawyer

What Is a Recorded Statement?

A recorded statement is a formal transcript of your account of an accident or incident. An insurance adjuster conducts the interview, usually by phone, and records your responses so that they become part of the insurer’s official claim file. Adjusters will often tell you that a recorded statement is needed to “process your claim.” However, that is misleading; these statements are tools the insurer uses in the investigation process and to evaluate liability and damages.

Why Insurance Companies Request Recorded Statements

Insurance companies say they want statements to:

Gather detailed accounts of what you recall about the accident.
Clarify or confirm facts in police reports, medical records, or witness statements.
Document your version of events early in the claims process.

In reality, the primary purpose of a recorded statement is to provide the insurer with material it can use to minimize or deny your claim later. Adjusters are trained to ask leading questions that increase the likelihood of you saying something that could reduce the company’s liability.

Your Right to Refuse a Recorded Statement

One of the most important concepts you should understand is that you are not legally required to provide a recorded statement to an insurance company that does not insure you. In most states, the at-fault driver’s insurance company has no legal obligation to demand and no right to compel you to give a recorded statement. You can politely decline and still pursue your claim.

With your own insurance company, the situation is slightly different: most insurance policies include a “cooperation clause” that requires you to assist the insurer in its investigation. That doesn’t mean you have to talk without counsel present or provide a recorded statement, only that you must cooperate reasonably. Refusing to speak at all to your own insurer could be interpreted as a breach of your policy and, in rare cases, could jeopardize coverage.

What Happens When You Refuse a Recorded Statement

Possible Results When You Refuse

Refusing a recorded statement can have a range of outcomes depending on the circumstances:

No direct legal penalty: You are generally free to decline and your claim will still continue to be processed.
Insurance company frustration: The adjuster might view refusal as non-cooperation and could choose to delay the processing of your claim.
Shift to other evidence. Insurers will instead rely on police reports, medical records, witness statements, and physical evidence to investigate your claim.
Delay in claim resolution. The insurer may request additional documentation or require more time to complete its investigation.

Importantly, refusal cannot legally justify an outright denial of your claim unless your own policy’s cooperation clause is triggered and you refuse to cooperate entirely without valid cause or legal advice.

Why Insurance Companies Care If You Say No

Insurance adjusters want recorded statements early in the claim process because:

Statements are permanent records that cannot be changed later.
Insurers can scrutinize audio recordings for inconsistencies with other evidence.
Even innocuous remarks can be spun to minimize your injuries or shift blame.

In many cases, insurance companies know that people who give recorded statements early tend to accept lower settlements later. That is one reason they might pressure you.

Risks of Giving a Recorded Statement (Why Refusing Can Be Wise)

Providing a recorded statement comes with specific and serious risks:

Locking in flawed or incomplete information: Your understanding of the accident or your injuries may evolve as you receive additional medical treatment. Early statements could conflict with later evidence.
Unintentional admissions: Simple comments like “I’m okay” could later be used to argue your injuries weren’t severe.
Potential denial or reduced compensation: Insurers can use recorded statements to justify lowering or denying benefits.

These concerns are why many personal injury attorneys strongly advise against providing recorded statements without counsel.

Claim Statistics That Matter

While there is no comprehensive national data tracking how often recorded statements directly cause claim denials, insurance claims denial statistics highlight broader insurer behavior patterns:

Nearly 19% of submitted in-network health insurance claims are denied, and 37% of out-of-network claims are denied. These data illustrate the general trend of insurers rejecting claims when they can find a basis.
In some property insurance markets, nearly 47% of homeowner claims were closed without payment. This reflects a broader environment where insurers increasingly look for reasons not to pay.

Although these figures relate to different types of insurance claims, they demonstrate that insurers often deny or limit claims aggressively and recorded statements are one of the tools they use to do so.

Best Practices After an Accident

Refusing a recorded statement doesn’t mean refusing to cooperate. Here are recommended steps:

Provide only basic information. Your name, address, claim number, and contact details should be shared.
Do not discuss fault or injuries. Avoid discussing the accident details until your attorney is involved.
Refer all detailed questions to your lawyer. Let your legal counsel handle communications.

Following these steps protects your legal rights and preserves your claim’s strength.

Frequently Asked Questions about Recorded Statements

Q: Am I required by law to give a recorded statement?

A: No. You are not legally required to provide a recorded statement to the at-fault party’s insurance company. You do have to cooperate reasonably with your own insurer, but even then, a recorded statement is usually not mandatory.

Q: Can refusing a recorded statement get my claim denied?

A: Refusal alone does not automatically lead to a denial of your claim. Insurers may delay processing or ask for written documentation instead, but refusal is not legal grounds for denial unless your own policy is triggered and you refuse to cooperate entirely.

Q: Should I talk to an insurance adjuster at all?

A: You can provide basic information, but you should immediately refer detailed questions to your attorney. Do not answer open-ended questions about the accident or injuries.

Q: What if my own insurance company insists I give a recorded statement?

A: Your insurer may ask as part of their investigation, but you can still request that your attorney be present or provide written responses instead of recorded ones.

Q: How can an attorney help if I already gave a recorded statement?

A: An attorney can help mitigate potential damage from your statements by gathering corroborating evidence, medical records, and expert testimony to support your claim.

Contact the Experienced Illinois Personal Injury Attorneys at John J. Malm & Associates

Refusing an insurance company’s request for a recorded statement is a legally sound decision when done for the right reasons and with the right guidance. You are not obligated to hand over your account for the insurer’s benefit at the expense of your own claim. You can, and should, protect your legal and financial interests by consulting with our experienced personal injury attorneys before engaging in any recorded interview.

If you or a loved one has been injured and an insurance company has requested a recorded statement, do not talk to the insurer alone. Contact John J. Malm & Associates today for a free consultation. Our attorneys will review your case, communicate with the insurance companies on your behalf, and help you pursue the full compensation you deserve.