Quick Answer: No. You are not legally obligated to give a recorded statement to the other driver’s insurance company after a car accident in Virginia. In most cases, giving one before speaking with an attorney is a mistake that can seriously damage your claim.
However, your own insurance policy may require you to cooperate with your own insurer and that obligation is different. Understanding the distinction is critical.
Why the Insurance Company Calls You So Quickly
After a car accident in Hampton Roads, whether it happened on I-64 near the Hampton Roads Bridge-Tunnel, on Virginia Beach Boulevard, or at a busy Norfolk intersection, you can expect the at-fault driver’s car insurance company to call you quickly. Often, they reach out within 24 to 48 hours of the crash.
During that call, an adjuster will ask if you’re willing to give a recorded statement. They’ll explain that it’s just to “get your side of the story” or to help them “process your claim faster.” The call sounds routine. It isn’t.
A recorded statement is a formal, recorded question-and-answer session in which an insurance adjuster asks you detailed questions about the accident, your injuries, and your medical history. It may be recorded and preserved in your claim file, and the insurer can use it later. If you do give a recorded statement, Virginia law allows you (or your attorney) to request a copy/typed transcription. The insurance company can use your words against you and they often do.
Do I Have to Give a Recorded Statement to the Other Driver’s Insurance Company?
No. You have no legal obligation under Virginia law to give a recorded statement to the other driver’s insurance company. That insurer represents the other driver, not you. Their goal is to minimize what they pay on your claim, and a recorded statement is one of the most effective tools they have to do that.
Politely declining is your right. You can simply tell the adjuster that you are not prepared to give a recorded statement at this time and that you will have your attorney contact them. If you haven’t hired an attorney yet, say you’re still evaluating your options.
What About My Own Insurance Company?
This is where it gets more complicated.
Most auto insurance policies in Virginia include a “cooperation clause.” This means you are contractually obligated to cooperate with your own insurer, which can include giving a recorded statement when requested. If you refuse to cooperate with your own insurance company, they may argue you breached the policy’s cooperation duties in a material way, which can jeopardize coverage depending on the facts.
When does this matter most? In Hampton Roads, where military personnel, government contractors, and civilians share crowded roads, uninsured and underinsured drivers are a real concern. If you were hit by a driver with no insurance, or not enough insurance, you may need to file a claim under your own UM/UIM (uninsured/underinsured motorist) coverage if you have it.
Even then, you should consult a car accident attorney before giving a recorded statement to your own insurer. An experienced personal injury lawyer can help you prepare, sit in on the call, and make sure your words aren’t used to under value your own claim.
Why Are Recorded Statements Dangerous?
Insurance adjusters are trained professionals who conduct recorded statements every day. You are not. That imbalance matters.
You may not know the full extent of your injuries yet. Many serious injuries, including herniated discs, traumatic brain injuries, and soft tissue damage, don’t fully present symptoms in the first 24 to 72 hours after a crash. If you say “I feel okay” or downplay your pain in a recorded statement made the day after a wreck, that statement can be used to contradict your later medical records.
You may inadvertently admit partial fault. Virginia follows a pure contributory negligence rule, one of the harshest in the country. If you are found even 1% at fault for the accident, you are completely barred from recovering any compensation. An adjuster will ask carefully worded questions designed to get you to say something that suggests you share blame. Something as simple as “I didn’t see them coming” can be twisted. If your statement contains details that later contradict the police report or witness accounts, it creates inconsistencies that insurance lawyers will exploit.
You don’t know what questions are coming. Unlike a deposition, which follows rules and has your attorney present, a recorded statement is entirely controlled by the adjuster. They choose the questions. You have no warning.
What Tactics Do Adjusters Use in Recorded Statements?
Car accident victims are often surprised by how friendly and reasonable the adjuster sounds at first. That’s intentional.
Common tactics include asking open-ended questions about the accident and letting you talk at length, hoping you’ll volunteer something damaging.
- Asking about your “prior injuries” or medical history to suggest your current pain is pre-existing and not caused by the crash.
- Asking you to rate your pain on a scale of 1 to 10 the day after the accident, when you may not yet know how badly you were hurt.
- And asking whether you sought medical treatment immediately, then using any gap to imply your injuries aren’t serious.
None of these questions are innocent. Every answer becomes part of your file.
What Should I Do When the Insurance Company Calls?
If the other driver’s insurance company calls you after a crash in Norfolk, Virginia Beach, Chesapeake, Portsmouth, Newport News, Hampton, Suffolk or anywhere else in Virginia, we suggest:
Be polite but brief. Confirm your name and contact information if you choose to. Do not discuss the accident, your injuries, your speed, what you saw, or anything else substantive. Tell them you are not prepared to give a recorded statement and that you will have your attorney contact them.
You are not required to be confrontational. A simple “I’d prefer not to give a recorded statement at this time” is enough. The adjuster may push back or suggest that refusing will delay your claim. That is a pressure tactic. Your right to decline does not expire.
What If I Already Gave a Recorded Statement?
If you already gave a recorded statement before speaking with an attorney, don’t panic. It’s not necessarily fatal to your case. But you should contact a Hampton Roads car accident attorney as soon as possible so they can review what was said and begin building a strategy around it.
An experienced attorney can put your statement in context, gather additional evidence, including investigators, medical records, and witness accounts, and work to ensure one early, uninformed statement doesn’t define your entire claim.
Other Frequently Asked Questions
Can I get my claim processed without giving a recorded statement? Yes. They can’t legally compel you to give one, but they may delay evaluation/offers while they investigate. They have their insured’s statement, the police report, and other evidence to work with. Don’t let them convince you otherwise.
What if they say refusing will delay my settlement? A delayed settlement is far better than a damaged claim. A low settlement based on a harmful recorded statement isn’t a win, it’s a permanent loss of your right to fair compensation. Once you settle and sign a release, you almost always cannot go back for more.
What if the accident was a hit-and-run or the driver had no insurance? You will likely be filing a claim under your own UM/UIM coverage if you have it. In that situation, your cooperation clause with your own insurer applies, and you may be required to cooperate. Still, consult an attorney before giving any recorded statement, even to your own insurer.
What if a government vehicle hit me? Localities can require notice within six months, while claims against the Commonwealth/transportation districts generally use a one-year notice rule. It’s complicated so don’t try and figure it out without an attorney because a missed deadline could mean you have no claim. Do not give any recorded statements in these cases without an attorney. The rules are complex and the stakes are high.
Does refusing to give a recorded statement make me look guilty? No. Insurance companies and courts understand that accident victims have the right to speak with an attorney before making formal statements. Exercising that right is prudent, not suspicious.
What if the adjuster says they just need a “quick statement” to cut me a check? Be cautious. Adjusters sometimes offer quick, low payments in exchange for a recorded statement and a signed release. Once you sign that release, your claim is closed, even if your injuries turn out to be far more serious than you knew at the time. Always speak with an attorney before accepting any settlement offer.
Norfolk Car Accident Attorneys
At the Law Offices of Richard J. Serpe, PC, our team of dedicated Virginia personal injury attorneys is committed to standing up for individuals and families who have suffered due to the negligence of others.
With nearly four decades of experience, we’ve built a strong reputation for excellence in personal injury and wrongful death across Hampton Roads and the state of Virginia. We deal with the car insurance companies and adjusters directly so you don’t have to.
Call 757-233-0009, chat with us, or email us to set up a free consultation.
