Categories Tax Law

The Do’s and Don’ts of Giving a Recorded Statement to the Insurance Company

By Attorneys Charles James Williams III & Kimberly Raab – Serving Richmond, Chesterfield & Central Virginia

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“Can we record this call?” — What You Need to Know Before Saying Yes

After a car accident or other personal injury event, it’s common to receive a call from an insurance adjuster. The person on the line may sound friendly. They may express concern for your well-being and offer to help move things forward. Then comes the question that can make or break your case:

“Is it okay if we record this conversation?”

While it may seem like a simple formality, agreeing to give a recorded statement without legal advice can seriously jeopardize your injury claim. The insurance company isn’t calling to help you — they’re calling to help themselves.

At Burnett & Williams, P.C., we’ve seen too many well-meaning individuals unknowingly hurt their case by making innocent statements on a recorded line. With offices in Richmond, Chesterfield, Hopewell, and throughout Central Virginia, our legal team is here to make sure that doesn’t happen to you.

The DO’s of Recorded Statements

DO Speak With an Attorney First

Before saying anything to an insurance company — especially the one representing the at-fault party — speak to an experienced personal injury lawyer. You are not legally obligated to speak with them.

Your attorney can speak on your behalf, help you prepare if a statement is required, or advise you to decline entirely.

“We always tell clients — let us talk for you,” says Attorney Kimberly Raab. “We know how insurers operate, and we know how to protect your case from the start.”

DO Stick to Basic Facts — If You Must Speak

In some situations, your own insurance provider may request a recorded statement. If so, you should still consult your attorney first.

When speaking:

  • Stick to facts only (no opinions).
  • Share the time, date, and location of the incident.
  • Identify the parties involved.
  • Mention whether a police report was filed.

Avoid elaborating or interpreting events — less is more.

DO Ask If the Call Is Being Recorded

Always ask: “Is this conversation being recorded?” This sets the tone of the conversation and can remind the adjuster that you’re taking your rights seriously.

Knowing you’re being recorded should also make you cautious. Everything you say can be replayed, analyzed, and — potentially — used against you later.

DO Keep a Written Record

It’s a good practice to document every interaction with the insurance company. After the call, write down:

  • The name and title of the person you spoke with
  • The time and date of the call
  • What was discussed
  • You may also request a copy of the recorded statement for your own records — something your attorney will definitely want to review.

The DON’Ts of Recorded Statements

DON’T Admit Fault — Even Partially

Even something as harmless as “I didn’t see them coming” or “I might’ve been going a little fast” can come back to haunt you. Virginia is a contributory negligence state — if you’re even 1% at fault, you can be denied compensation.

And remember, even a polite apology like “I’m sorry this happened” can be twisted into an admission of guilt.

DON’T Talk About Injuries Too Soon

Many accident-related injuries — particularly those involving the neck, back, or brain — may not show up right away. If you say, “I’m fine” or “I don’t think I’m hurt” shortly after the incident, it may harm your credibility down the line.

Even if you feel okay, your condition may change. Let medical professionals evaluate your injuries before making any statements.

DON’T Guess or Assume Anything

You don’t have to fill in the blanks. If you’re unsure or can’t remember, it’s perfectly acceptable to say:

“I don’t know.”

“I don’t remember.”

“I’m not sure.”

Guessing could introduce inaccurate information, which can then be used to challenge your credibility.

DON’T Speak to the Other Party’s Insurer Alone

You are not required to speak to the other party’s insurance company — not even once. If you’re contacted, you can simply respond:

“I’m represented by an attorney. Please contact my lawyer.”

This protects you from being caught off guard and from unknowingly hurting your claim.

Case Example: When a Statement Goes Wrong

Let’s look at a fictional but realistic example.

“Susan,” a Chesterfield resident, was rear-ended at a red light. She was a little shaken but didn’t think the damage was serious. When the at-fault driver’s insurance company called, she agreed to a recorded statement. During the call, she said,

“I don’t think I’m really hurt — it was probably just a little bump.”

Weeks later, Susan began experiencing chronic neck pain. Doctors confirmed a cervical disc injury that would require physical therapy and time off work. When she filed her claim, the insurer pointed to her own words — her statement that she was “fine” — and offered a settlement far below what she needed.

“By the time Susan came to us, the damage had been done,” says Attorney Charles James Williams III. “Her recorded words were used to question the severity of her injury and delay her rightful compensation.”

This story may be fictional, but it’s based on countless real-life cases. The takeaway? What you say early on matters.

Why Insurance Companies Push for Recorded Statements

Insurance companies are not neutral observers. Their goal is to minimize how much money they pay out.

They request recorded statements to:

  • Lock you into a specific version of events
  • Catch inconsistencies in your story
  • Reduce the severity of your injuries
  • Shift or share blame
  • Create grounds to deny or underpay your claim

Even if the adjuster sounds compassionate or “just wants to help,” remember: they work for the insurance company, not for you.

Why Injured Clients Across Central Virginia Trust Burnett & Williams, P.C.

At Burnett & Williams, P.C., we’ve spent decades helping injury victims get the compensation they deserve. Our team of experienced attorneys — including Charles James Williams III and Kimberly Raab — works side-by-side with our dedicated staff, including Alexa, David, and Kristina, to provide thorough, strategic support from day one.

We serve clients throughout:

  • Richmond
  • Chesterfield
  • Hopewell
  • Petersburg
  • Central Virginia

When you work with us, we will:

  • Take over all communication with insurers
  • Review and manage any statement requests
  • Investigate and document your injuries
  • Negotiate strongly and litigate when needed
  • Help you avoid costly mistakes

Injured? Let’s Talk Before You Talk to Them

If you’ve been hurt in an accident, don’t go it alone. The first few days after a crash are critical — and saying the wrong thing to an insurance adjuster could cost you thousands.

At Burnett & Williams, P.C., we’re here to protect your rights, guide you through every step, and help you secure the compensation you need to recover.

📞 Call (804)-794-0080today for a FREE consultation

📍 Visit our offices in Richmond, Chesterfield & throughout Central Virginia

🌐 Visit the online at: [www.burnettwilliams.com]

Before you speak to them, speak to us. We’re ready to stand by your side — and we don’t get paid unless you do.

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