As a rule, you should NOT give a recorded statement to the insurance company for the driver that caused an accident without the advice of an attorney.
Is a Recorded Statement Required?
No. There is absolutely no requirement, much less a legal duty under Nebraska or Iowa law, to provide a recorded statement to the at-fault party’s insurance company. The insurance company is primarily asking to record your statement in the hopes of helping themselves defend against your personal injury claim later.
Insurance adjusters can be very aggressive demanding a recorded statement. One tactic often used by adjusters is to declare they will “close your file” if you do not provide a recorded statement. You can ignore this threat because you control when a file is closed by being the injured victim. You have the legal right to file a lawsuit against their driver at any time before the four-year (Nebraska car accident) or two-year (Iowa car accident) statute of limitations expires. The insurance company knows your claim must remain active until the statute of limitations runs.
Why Shouldn’t You Give a Recorded Statement?
When giving a recorded statement, the questions can be confusing or misleading which may cause you to unintentionally say something about your accident that is not accurate. You will also be asked about your injuries. It can take many days for victims of an auto accident to feel the extent of their accident injuries. Furthermore, many clients are not medical professionals and are unsure what injuries they do have at the time they give their recorded statement.
Contact an Attorney Before Giving a Recorded Statement