Should I Give the Insurance Company a Recorded Statement in Kentucky?

Adjusters are trained to ask questions that can be used later: “How are you feeling today?” (“fine”), “Did you see the other car before impact?” or “How fast were you going?” Small inconsistencies with later testimony or medical records become arguments that you were partly at fault or not really hurt. See insurance adjuster tactics.

You don’t have a contract with the at-fault driver’s insurer, and you generally aren’t required to give it a recorded statement. You can politely decline and say your lawyer will provide information. Giving basic facts, such as your name, contact details and the date and location of the crash, is usually fine.

Your own policy is a contract, and most policies have a cooperation clause. Refusing all cooperation with your own insurer can jeopardize coverage. For PIP claims, Kentucky law requires the claimant to provide relevant medical reports and allow inspection of relevant records, and employers must provide wage information on request (KRS 304.39-280). If a PIP insurer wants you examined by its doctor, it must petition the circuit court and show good cause (KRS 304.39-270).

Even with your own insurer, it’s wise to talk with a lawyer before a recorded statement, especially if you may also have an underinsured motorist claim, where your insurer’s interests can turn adverse.

• Ask to schedule it later, after talking with a lawyer.
• Stick to facts you know. Don’t guess about speed, distance or time.
• Don’t minimize your injuries. “I’m still being evaluated” is accurate.
• Don’t discuss prior injuries or medical history beyond what is asked.
• Ask for a copy of the recording or transcript.

Adjusters often send a broad medical authorization form. Signing it can give access to years of unrelated records. Your lawyer can provide the relevant records instead, which protects your privacy and keeps the claim focused.

Kentucky’s Unfair Claims Settlement Practices Act prohibits insurers from things like misrepresenting policy provisions and failing to attempt in good faith to settle claims when liability has become reasonably clear (KRS 304.12-230). If an insurer crosses that line, see our insurance bad faith lawyer page.