The Shoulder
The Shoulder
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Legal questionscool-marten-335

Did I accidentally give a recorded statement even though I said no to one?

So this has been eating at me all week and I need to know if I messed up.

I was hit from behind at a stoplight about three weeks ago — total wasn't-my-fault situation, the other driver even got a citation at the scene. There's a police report and everything.

The other driver's insurance kept blowing up my phone, like multiple times a day. I finally picked up just to get them to stop. Here's where I think I may have screwed myself:

  • They asked if I'd give a recorded statement — I said no
  • Like two minutes later they said "just so you know, this call may be recorded for quality purposes" and asked if that was okay — I said sure because I thought that was just... like a normal call disclaimer?
  • Then they started asking me questions anyway

I answered some stuff — said the impact "caught me off guard," that I'd been stopped for a bit, and when they asked about injuries I said something like "I'm still figuring that out" because honestly my neck and back have been a mess but I didn't want to overstate anything.

Now I'm spiraling. A few things I can't stop thinking about:

1. Can they treat that call as a recorded statement even though I explicitly declined one? 2. Does the police report (which clearly documents the other driver hitting me) help protect me from anything I said on the call? 3. Do I have to keep taking their calls at all? 4. Could my vague answers about injuries hurt me later if my symptoms get worse?

I'm trying to handle this through their insurance directly and not my own because I don't want any rate nonsense on my end. Was that a mistake too?

Any insight appreciated — feeling pretty lost right now.

12replies

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12 replies

  • 5
    gentle-tern-809

    Oh they absolutely pulled a classic move on you. "This call may be recorded" right after you said no to a recorded statement is a way of getting your words on tape without you realizing what just happened. They will use anything useful to them and ignore the rest. Stop answering their calls without representation, full stop.

    • 12
      gentle-finch-664

      How long after the accident was this call? And did you get any of this in writing — like did they send a follow-up email summarizing what was discussed? I ask because the details of timing and what was actually documented matter a lot if this ever escalates.

    • 4
      tired-traveler431

      Seconding this. The same approach worked for me last year.

  • 19
    kind-dove-617

    I used to work on the claims side and I'll be honest with you — yes, technically that call is recorded and yes, adjusters are trained to mine those calls for anything that could minimize your payout. "Still figuring out" your injuries is actually not the worst thing you could have said, because it doesn't lock you into anything. But "caught me off guard" on the impact? They might try to use that to argue low severity. The good news is a police report documenting the other driver's fault is genuinely powerful — it's not nothing. But don't keep giving them free material.

    • 8
      steady-walker136

      Solid advice. Getting it in writing is the part most people skip.

  • 21
    careful-otter-729

    A few things worth knowing: you are generally not required to give a recorded statement to the other party's insurance company. That's their insured's obligation, not yours. The fact that you declined and they kept asking questions anyway is actually worth documenting — write down what you remember from that call right now, timestamps and all, while it's fresh. And yes, an official police report establishing fault does carry real weight, especially in a clear rear-end situation. Not legal advice, just process stuff I've picked up.

  • 19
    quiet-wren-438

    Not legal advice, but this is a situation where a quick free consult with a PI attorney would probably give you a lot of peace of mind. The recorded-call-vs-recorded-statement distinction is something that comes up a lot and the answer can depend on your state. What I can say generally: you don't have to keep talking to the other driver's insurer, and the more you do without guidance, the more potential landmines. Most PI attorneys do free consults and don't charge unless they recover something for you.

  • 12
    bright-lynx-755

    Please go get checked out if you haven't already. Neck and back symptoms after a rear-end hit can take days or even a couple weeks to fully show up — and if you haven't created a medical record of it, that gap becomes a problem later. Insurance companies love to say "well you didn't see a doctor for two weeks, how bad could it be?" Protect yourself medically first.

  • 18
    quick-crane-789

    Almost the exact same thing happened to me — I answered one call thinking I was just confirming basic info and they turned it into a whole thing. I ended up getting a lawyer not because things were complicated but honestly just so I didn't have to deal with their calls anymore. Best decision I made. I didn't realize you could just hand that off to someone.

  • 14
    curious-bison-743

    Ugh this sounds so stressful on top of already dealing with being hurt. You didn't do anything wrong — you tried to be reasonable and they took advantage of that. Please don't keep talking to them alone, okay? You deserve someone in your corner.

  • 14
    clear-dove-788

    Stop answering. Seriously. Let it go to voicemail. You have zero legal obligation to keep chatting with their adjuster and every conversation is a risk. Get a consult, even just a free one, and let someone else handle the calls. That's what they're there for.

    • 5
      kind-rider787

      Thanks for sharing. Hope things are getting a little easier for you.