Updated
You can usually still move forward with an Indiana injury claim after giving a recorded statement. Don't panic. Many people give one before they know better. What matters now: stop talking to the other insurer, get a copy of what you said, and tell your lawyer about anything that was wrong or left out.
If instead you haven't talked to the adjuster yet, see Should I talk to the other driver's adjuster?
Why do insurers ask for a recorded statement?
Adjusters ask for recorded statements soon after a crash, often before pain sets in. They may later point to words like "I'm okay" or "I didn't see them coming."
What should I do now?
- Stop giving statements. Say you'd like any more questions in writing.
- Write down what you remember. Note the date, who called, and what you were asked.
- Ask for a copy. You can ask the insurer for the recording or a transcript. They may say no until a lawsuit is filed.
- Get medical care if you're hurting, and tell the doctor how the crash happened.
- Don't sign anything they send, like a medical release or a settlement.
Can a recorded statement hurt my case?
It can, if it's used to argue you weren't hurt or were partly to blame. Indiana rule: your recovery is reduced by your share of fault, and you recover nothing if you are more than 50% at fault (Ind. Code § 34-51-2-6). More on being partly at fault.
But a statement taken right after a crash, while you were shaken up, is often explained by the medical records that follow. Pain that starts later is common.
What does a lawyer review after a recorded statement?
- What you actually said
- Your medical records and timeline
- Photos, the crash report and witnesses
Frequently asked questions
Can I still have a claim after giving a recorded statement in Indiana?
You can usually still move forward with an Indiana injury claim after giving a recorded statement.
Can I get a copy of my recorded statement?
You can ask the insurer for the recording or a transcript. They may say no until a lawsuit is filed.
Can a recorded statement hurt my case?
It can, if it's used to argue you weren't hurt or were partly to blame.
Talk it over for free
You don't have to come to an office. We can do your consultation by phone or video, and you can sign up by e-signature.
You can hire Poynter & Bucheri without visiting an office. We can talk through what happened in a free phone or video consultation. When you're ready, we'll email you the sign-up papers, and you can sign them electronically from your phone or computer. There's no appointment to drive to. Some later steps in a case, like a deposition, a medical exam or a court date, may need you in person, and we'll tell you ahead of time if one comes up. If English isn't your first language, we have access to professional interpretation. Call (317) 780-8000 or fill out our short form to get started. The consultation is always free, and we'll tell you honestly if you don't need us.
General information only—not legal advice. Laws change and every case is different; deadlines can be shorter in some situations. Prior results do not guarantee a similar outcome.