Why You Shouldn’t Give A Recorded Statement After a Columbia, MO Car Crash
About the Author
Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career, resulting in tens of millions of dollars in compensation recovered. EC routinely consults with expert witnesses to maximize the value and your ultimate recovery in your personal injury case.
Don’t Make the Mistake of Giving a Statement to an Insurance Company Without Consulting a Columbia, MO Car Crash Lawyer. Consult With Duckworth Injury Law First
If you’ve been in a car wreck in Columbia, Missouri, whether it happened on I-70, US-63, Providence Road, or near downtown on E. Broadway, there’s a good chance the insurance company will call quickly and ask for a recorded statement.
They may sound friendly. They may say they “just need your side.” They may even act like it’s required. In most cases, giving a recorded statement—especially to the other driver’s insurance company—is a mistake. Here’s why, and what you should do instead.
What Is a “Recorded Statement” After a Car Accident in Columbia, MO?
A recorded statement is an interview—usually over the phone—where an insurance adjuster asks questions while recording your answers. The adjuster is building a file to evaluate the claim and decide whether to pay, how much to pay, and who (they say) is at fault.
Here’s why you should not give a recorded statement without first speaking with an experienced Columbia, MO car accident lawyer:
1. You’re Typically Not Required to Give the Other Driver’s Insurer a Recorded Statement
After a Columbia crash, you’re typically dealing with two insurance companies: Your insurer (first-party claim: MedPay, collision, UM/UIM, etc.); and the at-fault driver’s insurer (third-party liability claim).
In most situations, you are not legally obligated to provide a recorded statement to the other driver’s insurance company—and doing so can create unnecessary risk. The exception to this is when you are making a claim under your own insurance policy. Your own policy may require cooperation for certain benefits (like collision/MedPay/UM). But even then, you should speak with a Columbia lawyer first.
2. Car Accidents are Traumatic – You Do Not Need to Be Worrying About Making a Statement in the Moments After a Crash
Right after a wreck, your body is full of adrenaline. Pain and symptoms can ramp up hours (or days) later. It’s extremely common for someone to say things like: “I’m okay”, “I didn’t see them, “It happened so fast”, or “Maybe I was going a little fast…”. Those phrases can be taken out of context later and used to argue you weren’t hurt, you weren’t paying attention, or you share blame.
Instead, seek medical attention right away, and focus on your physical and emotional wellbeing. Once you’ve had a chance to address your medical needs, schedule an appointment with a local injury lawyer to discuss your next steps. Your injury attorney can then provide information to the at-fault party’s insurance company in an appropriate fashion so that your case is not inadvertently negatively affected by something you say.
3. Insurance Companies Are Not Looking Out for Your Best Interests
Insurance companies care about one thing: maximizing their profit by taking in premium payments and limiting claim payments. As such, when an insurance company calls you after a crash, they are looking for any reason they can to avoid paying you full and fair compensation for your claim.
Adjusters are trained to gather soundbites that support denial or discounting. Common examples:
- “You didn’t see my insured until the last second, right?”
- “So you’re not sure if your light was green?”
- “You didn’t go to the ER that day, correct?”
- “Your neck pain didn’t start until later, right?”
Even truthful answers can be framed to suggest that you caused or contributed to the crash, that you weren’t injured, or that injuries came from something other than the crash. Missouri also follows pure comparative fault, meaning a claim can be reduced by whatever percentage of fault is assigned to you. Missouri courts adopted comparative fault in Gustafson v. Benda. That’s exactly why insurance companies push for recorded statements early: they’re looking for statements that can increase your “fault percentage” and reduce what they pay.
4. Once A Recorded Statement is Given, You Can’t Unring the Bell
A recorded statement becomes part of the insurer’s file. If the claim escalates, it may show up again during settlement talks or litigation. Even “minor” inconsistencies—like estimating your speed, describing the exact lane position, or guessing distances—can be portrayed as credibility issues.
Further, under Missouri law, a statement provided by you in a recorded statement can often be used as evidence against you in a later deposition of jury trial. These statements are often allowed as exceptions to the hearsay rule as a statement of a party opponent.
Frequently Asked Questions Regarding Recorded Statements After a Columbia, MO Car Crash
What if an insurance company tells me they can’t move forward with my claim without a recorded statement?
This is a common pressure tactic. The reality is your Columbia car accident lawyer will provide the insurance company with the necessary information to process your claim. If the adjuster is pushing hard for a recording immediately, that’s often a sign they want to control the narrative early and get you to resolve your claim with a low offer prior to you hiring a lawyer.
Do I have to give the at-fault driver’s insurance company a recorded statement?
In most cases, no—and doing so can hurt your claim.
What if I already gave a recorded statement?
Don’t panic. It’s still possible to pursue a strong claim. The next steps depend on what was said, what the evidence shows, and how your injuries and treatment develop. A good Columbia, MO injury lawyer can often undo much of the damage done by a recorded statement.
How long do I have to file a car accident lawsuit in Missouri?
Many personal injury claims in Missouri have a five-year limitations period under RSMo § 516.120 (with important exceptions depending on the facts).
Don’t endanger your personal injury case by submitting a recorded statement to an insurance company. Call EC Duckworth in Columbia, MO
After a car accident in Columbia, MO, the insurance company moves fast, often before you’ve had time to see a doctor, review the crash report, or fully understand your injuries. A recorded statement may seem harmless, but one poorly worded answer can reduce the value of your claim or shift blame onto you under Missouri’s comparative fault rules.
However, you don’t have to handle that pressure alone. If you were injured on I-70, Highway 63, Providence Road, Stadium Boulevard, or anywhere in Boone County, speak with a local attorney before giving any recorded statement. At Duckworth Injury Law, you’ll work directly with EC Duckworth — not a call center, not a case manager, and not a firm hours away.
As a Columbia-based personal injury attorney, EC knows the local roads, local courts, and local insurance tactics — and he personally handles your case from start to finish. Before you agree to be recorded, make one call that protects your rights. Call Duckworth Injury Law today for a free consultation.
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