EspañolKey Takeaways
- You generally aren't required to give a recorded statement to the other driver's insurance company after a car accident in New Mexico.
- Because New Mexico follows comparative negligence, something you say to an adjuster can be used to reduce your compensation.
- Your own insurance policy may require you to cooperate, so talk to an attorney before refusing a request from your own insurer.
A day or two after the crash, your phone rings. It's an adjuster from the other driver's insurance company. They're friendly, they say they just want to get your side of the story, and then they ask if they can record the call. Do you have to say yes?
No. If you've been injured in a car accident in New Mexico, you generally aren't required to give a recorded statement to the other driver's insurance company. However, if you're handling your claim without an attorney, there may be situations where providing a statement is helpful, particularly when there's a disagreement about who caused the accident. If you're planning to hire an attorney, speak with your lawyer before giving a statement.
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What Happens If I Refuse to Give a Recorded Statement?
You don't lose your right to make a claim simply because you refuse to give a recorded statement to the other driver's insurance company. But refusing isn't always your best option.
If you don't provide your side of the story, the adjuster may be left relying on the other driver's account, the police report, and whatever other information is available. That can be a disadvantage, particularly when the drivers disagree about how the accident happened.
You may be able to provide your version of events in writing or through other evidence without giving a formal recorded statement. That's worth discussing with the adjuster.
Keep in mind that many insurance companies routinely record their calls. Even if you're not giving a formal recorded statement, you should assume that what you say may be recorded and used later.
What Should I Be Careful About When Talking to an Insurance Adjuster?
Over my 18 years as a personal injury attorney in New Mexico, I've seen plenty of situations where something a client said to an insurance adjuster before hiring me came back to cause problems.
In one significant case, a client casually mentioned taking a sip of coffee around the time of the accident. The insurance company seized on that detail, arguing that my client was distracted and partially responsible for the collision. That one seemingly harmless statement became the basis of an attempt to shift hundreds of thousands of dollars in responsibility.
That's why I tell people to be careful when talking to an insurance adjuster. If you are going to talk to them here are a few tips.
- Don't guess or speculate. If you don't know an answer, say so.
- Take your time, answer only what's asked, and don't feel pressured to fill every silence with more information.
- When discussing your injuries, be accurate without minimizing or exaggerating what you're experiencing.
The point isn't to hide anything. It's to understand that even something you consider insignificant might later become an issue in your case.
Can a Recorded Statement Hurt My Personal Injury Claim?
Yes. New Mexico follows a comparative negligence system, meaning your compensation can be reduced by your percentage of fault.
For example, if your damages are $100,000 but you're found 20% responsible for the accident, your recovery is reduced to $80,000.
That's why an adjuster may ask questions about your speed, whether you saw the other vehicle, or whether you could have avoided the accident. Your answers could be used to argue that you share responsibility.
What If I've Already Given a Recorded Statement?
Giving a recorded statement doesn't mean you've ruined your case.
If you said something inaccurate or later remembered something differently, make a note of it. If you hire an attorney, tell them about the statement and any concerns you have.
Do I Have to Give a Recorded Statement to My Own Insurance Company?
That's different. Your own policy may require you to cooperate with the insurance company's investigation, including when you're making an uninsured or underinsured motorist claim.
Whether you're required to give a recorded statement depends on your policy and the circumstances. I wouldn't recommend refusing a request from your own insurance company without first talking to an attorney.
The Bottom Line
You don't have to give the other driver's insurance company a recorded statement, and saying no won't cost you your claim. But anything you say, recorded or not, can be used to shift blame onto you. If you were hurt and an adjuster is asking for a statement, a short conversation with a lawyer first can keep one offhand comment, like a sip of coffee, from becoming the reason your compensation gets cut.
Need help? Have questions?
Our dedicated personal injury team at The Injury and Disability Law Center is here to help you. Contact us today to schedule your free initial consultation by calling our office at 575-300-4000, starting a chat, or filling out our online form. If you want even more information, feel free to check out my free book, Car Accident Cases Made Simple(r), where I discuss this topic and more.
