The call usually comes within a day or two of the crash. The adjuster is friendly, sounds sympathetic, and says they just need to “get your side of the story” so they can move the claim along. Then comes the request: “Do you mind if I record this? It’s standard.” Saying yes feels cooperative. In Virginia, though, that short conversation can do more damage to your claim than almost anything else that happens after the accident.
The short answer is no. You aren’t required to give a recorded statement to the other driver’s insurance company, and in most cases, you shouldn’t.
You Have No Legal Duty to the Other Driver’s Insurer
It’s worth being clear about who you’re talking to. The adjuster from the at-fault driver’s insurance company works for that company. Their job is to resolve the claim for as little as the facts allow, and part of that job is gathering anything they can use to reduce or deny what you’re owed.
You don’t have a contract with that insurer, and Virginia law doesn’t require you to speak with them, answer their questions, or agree to be recorded. You can politely decline and say that you’ll be in touch, or that your attorney will. That isn’t rude. It’s simply protecting yourself.
Your own insurance company is a different matter. Most policies include a cooperation clause that requires you to report the accident and assist with the investigation, which can include giving a statement. Even then, it helps to know what you’re going to say before you say it. That’s especially true if you have an uninsured or underinsured motorist claim, because in that situation your own insurer may end up taking a position against you.
Why Virginia Makes This So Risky
In most states, a careless comment in a recorded statement might shave a little off your compensation. In Virginia, it can end the claim entirely.
Virginia is one of the very few places that still follows pure contributory negligence. If the insurer can show that your own negligence contributed to the crash in any way, even slightly, you can be barred from recovering anything. It’s all or nothing.
That changes the adjuster’s goal. They don’t have to prove you caused the accident. They only need something that suggests you weren’t being perfectly careful. A recorded statement is the easiest place to find it, because it’s your own words, captured on tape, often given while you’re hurting, medicated, or still shaken.
How One Sentence Can Sink a Claim
Most damaging statements aren’t lies or confessions. They’re ordinary, honest remarks that sound very different once they’re played back in a negotiation or read aloud in a deposition.
- “I didn’t see him until the last second.” You may mean the other driver came out of nowhere. The insurer will argue you weren’t keeping a proper lookout.
- “I was probably going about the speed limit, maybe a little over.” That “maybe a little over” is now evidence that you were speeding.
- “I glanced down at my GPS right before.” Even a half-second glance can be framed as distracted driving.
- “I’m sorry, I feel terrible.” It’s a natural human reaction, and it gets treated as an admission of fault.
- “I’m okay, just a little sore.” Days later, when an MRI shows a herniated disc, the adjuster points back to this line to argue you weren’t really injured, or that something else caused it.
Adjusters are trained to ask open-ended questions, then follow up on anything that helps them. “What were you doing in the moments before the crash?” “Were you in a hurry?” “Had you been on your phone that day?” None of this means the adjuster is dishonest. It means they’re doing their job, and that job isn’t to help you.
What’s Actually in a Recorded Statement
The adjuster confirms you agree to be recorded, then walks through the timeline: where you were coming from, where you were going, how fast you were driving, what you saw, what you heard, what you said at the scene, and how you’re feeling now. They’ll often ask you to estimate distances and speeds, which most people can’t do accurately after a sudden crash. Any inconsistency with the police report or the physical evidence then becomes something to argue about later.
Once the statement is recorded, you can’t take it back. If you misremembered a detail or guessed at a number, the defense can use the gap between what you said then and what the evidence shows now to question your credibility on everything else.
What to Say Instead
If the other driver’s insurer calls, you can keep it brief:
“I’m not going to give a recorded statement right now. Please send any requests in writing.”
You can confirm basic facts, such as your name and contact information and the date and location of the accident, without discussing how it happened or how badly you’re hurt.
After that, a few habits help protect the claim. Write down your own account of the accident for your records while it’s fresh. Keep your medical appointments and follow through on treatment. Avoid posting about the crash or your recovery on social media, since insurers check. And if you’re unsure whether to speak with anyone, get advice from a Newport News car accident attorney before you do.
Letting a Lawyer Handle the Insurer
When you have legal representation, the insurer has to communicate through your attorney. That way, anything said about the crash is accurate and backed by evidence, not a guess made on a bad day.
Before anyone describes the accident to an insurer, a careful attorney looks at the police report, photos, vehicle damage, witness accounts, and any available video. In a state where a single sentence can shift the question of fault, that preparation matters. An experienced car accident attorney knows which issues the insurer is likely to press and how to address them with evidence instead of off-the-cuff answers.
Got a Call From the Other Driver’s Insurer? Call Us First
At Coletrane & Messersmith, we hear from many people who have already been contacted by an adjuster and aren’t sure what to do next. Our advice is simple: before you agree to be recorded, talk to us.
We’ll take over communication with the insurance companies, gather the evidence that shows what really happened, and make sure Virginia’s contributory negligence rule isn’t used against you because of something said on a phone call. If you were hurt in a crash in Newport News, Hampton, or anywhere on the Peninsula, contact a Newport News car accident attorney on our team for a free consultation.
