Compare(0) firms picked
Guide · Insurance claims · All states

Should you give the adjuster a recorded statement?

Updated By Spencer, editorEvery fact cites a source

It depends on whose adjuster is asking. Your own policy requires you to cooperate with your insurer's investigation, and refusing a recorded statement could count against you. You have no such contract with the other driver's insurer, but refusing to give information the way it asks could still lead it to deny your claim. Checked October 9, 2026.

Sources: Maine Bureau of Insurance, Auto Claims FAQs; Standard personal auto policy (ISO PP 00 01 01 05), Part E

Whose adjuster is asking?

Your own insurerYou agreed to cooperate

Your policy says you must cooperate with its investigation, and it can require an examination under oath. Refusing a recorded statement could count as not cooperating, and the claim could be denied.

The other driver's insurerNo contract, but it matters

You have no policy with them, so no contract requires a statement. But refusing to give information the way they ask could still lead them to deny the claim.

Source: Maine Bureau of Insurance, Auto Claims FAQs; Standard personal auto policy (ISO PP 00 01 01 05), Part E

What a standard auto policy asks of you

These duties come from the standard personal auto policy many insurers use. Your own policy's wording is what counts, so check it.

  1. CooperateCooperate with the insurer in the investigation, settlement or defense of any claim or suit.Source: Standard personal auto policy (ISO PP 00 01 01 05), Part E
  2. Exams, if askedSubmit to physical exams by doctors the insurer picks, which it pays for, and to examination under oath, as often as it reasonably requires.Source: Standard personal auto policy (ISO PP 00 01 01 05), Part E
  3. RecordsAuthorize the insurer to get medical reports and other relevant records.Source: Standard personal auto policy (ISO PP 00 01 01 05), Part E
Source: Standard personal auto policy (ISO PP 00 01 01 05), Part E

In New Jersey

New Jersey's insurance department warns that if you don't cooperate fully with the other driver's insurer's investigation, it could deny your claim altogether.

Source: New Jersey Department of Banking and Insurance, Filing an Auto Damage Claim with Another Insurer

Before you sign a medical release

Insurers often send a form that lets them get your medical records. Read what it covers before you sign. Under the federal privacy rule, a valid authorization has to spell out a few things.

  1. Which recordsIt must describe the information in a specific and meaningful way.Source: 45 CFR 164.508(b)(5), (c)
  2. When it endsIt must have an expiration date or an event that ends it.Source: 45 CFR 164.508(b)(5), (c)
  3. How to take it backIt must say you can revoke it in writing. A revocation doesn't undo what was already shared under it.Source: 45 CFR 164.508(b)(5), (c)
Source: 45 CFR 164.508(b)(5), (c)

If you do give a statement

  1. Ask who you're talking toGet the adjuster's name, which company they work for, and whose insurer that is.
  2. Ask for a time that works for youYou can ask to schedule the call instead of answering on the spot.
  3. Stick to what you knowSay so when you don't know something, like how bad an injury will turn out.
  4. Ask for questions in writingIf you'd rather answer on paper, you can ask. The insurer decides whether that's enough.Source: Maine Bureau of Insurance, Auto Claims FAQs

Sources

General information, not legal advice. We don't know the facts of your claim. A lawyer can review them, and most injury lawyers offer a free consultation.

Questions people ask

Do I have to give a recorded statement to the other driver's insurance company?

No contract requires it. But Maine's insurance regulator notes that refusing to give information the way the insurer asks could still lead it to deny the claim.

Do I have to give my own insurance company a recorded statement?

Your policy requires you to cooperate with its investigation, and it can require an examination under oath. Refusing a recorded statement could count as not cooperating.

Should I sign the insurance company's medical release?

Read what it covers first. A valid authorization must describe the records in a specific way, have an expiration date or event, and say you can revoke it in writing.

Can the insurer deny my claim if I don't cooperate?

It can. New Jersey's insurance department warns that failing to cooperate fully with an insurer's investigation could get a claim denied altogether.

More insurance claims guides