Giving a Recorded Statement to the Other Driver's Insurer in Florida

By Jeffrey D. Soud, Esq., Florida attorney (Florida Bar #976090), The SOUD Law Firm, Orange Park, Florida. Updated October 2026.

Generally, you are not required to give the other driver's insurance company a recorded statement after a Florida crash, because unless that company also insures you, you have no contract with it. Your own insurer is different: your policy generally requires you to cooperate, and for a PIP claim Florida law requires you to comply with the policy terms, including an examination under oath (Fla. Stat. § 627.736(6)(g)). You can share the facts in writing instead, and if you do agree to an interview, prepare first.

What is a recorded statement, and does it matter whose insurer is asking?

A recorded statement is an interview, by phone or in person, that an adjuster records. It usually covers how the crash happened, where you were going, and your injuries. The recording goes into the claim file and can be compared with what you say later.

Whose insurance company is asking matters. Your own insurance policy is a contract, and it generally requires you to cooperate with your insurer's investigation. Depending on your policy's language, that may include giving a recorded statement about the crash. If your insurer asks for one, contact your attorney before giving it so you can understand your obligations and prepare.

A recorded statement is different from an examination under oath, which is a more formal interview. For a PIP claim, Florida law requires you to comply with the terms of your policy, including any applicable requirement to submit to an examination under oath. Compliance is a condition of receiving benefits. Fla. Stat. § 627.736(6)(g).

The other driver's insurer is different. Unless that company also insures you, you have no contract with it. Generally, you are not required to give the other driver's insurer a recorded statement.

Can you share the facts without giving a recorded interview?

Declining a recorded statement does not mean refusing to communicate. The other insurer needs information to evaluate your claim. The question is how you provide it. An "unrecorded" interview is one way.

You can also offer the facts in writing instead: the crash report, photos of the scene and vehicles, repair estimates, and, when you are ready, medical records related to the crash. Written facts are easier to keep accurate than an unscripted interview, especially in the first days, when you may be sore, medicated, or unsure how badly you are hurt.

You can also ask about the at-fault driver's coverage. Florida law requires a liability insurer to provide a sworn statement of its insured's policy limits and certain other information within 30 days of a claimant's written request (§ 627.4137).

One polite way to say it: "I'm not ready to give a recorded statement. I can send the crash report, photos, and estimate in writing. Please email me a list of what you need."

How should you prepare if you decide to give a statement?

Ask what the statement will cover: the crash, your injuries, or both. Ask to schedule it for a time when you are not rushed, in pain, or medicated. Review your notes, photos, and the crash report beforehand.

During the interview:

Stick to what you saw, heard, and did.
Do not guess. "I don't know" and "I'm not sure" are honest answers. If you are estimating speed, distance, or time, say so.
Do not minimize. "I'm fine" said out of habit can follow you. If you hurt, say so. If you do not yet know how badly, say that.
Describe what happened. Do not argue about who was at fault.
Answer the question asked, then stop.
If you misspeak, correct it on the recording.

Why do your words carry weight under Florida's fault rules?

Your own statement can be offered as evidence against you in a later lawsuit (§ 90.803(18)).

Fault matters more since the 2023 tort reform law. In most negligence cases, a person found more than 50 percent at fault for his or her own harm recovers nothing. At 50 percent or less, damages are reduced by that share (§ 768.81(2), (6)). An offhand remark like "I looked down for a second" can become part of that fight.

Your injuries are at issue too. Against a driver covered by Florida's no-fault law, damages for pain and suffering are generally available only for certain injuries, such as a permanent injury within a reasonable degree of medical probability (§ 627.737(2)). An early "I'm okay" can be compared with your later medical records.

What should you do after the interview, and before you sign anything?

Write down the date, time, and adjuster's name. Ask the adjuster, in writing, for a copy of the recording or any transcript. If you were hurt and gave a written statement, Florida law requires the person who has it to give you a copy on request (§ 92.33). If you later realize something you said was wrong or incomplete, correct it in writing and ask that your letter be added to the claim file.

Be careful with paperwork that follows. A blanket medical authorization can open your whole medical history, not just records related to the crash. A release, once signed, may end your injury claim. Read every form, and ask what it covers before you sign.

If you were hurt, consider talking with a lawyer about your situation before you give a recorded statement to the other side's insurer.

This guide is general information about Florida law as of October 2026, not legal advice.

Frequently asked questions

Do I have to give the other driver's insurer a recorded statement in Florida?

Generally, no. Unless that company also insures you, you have no contract with it. Declining a recorded statement does not mean refusing to communicate. You can send the crash report, photos, and estimates in writing.

Is an unrecorded phone call with the adjuster off the record?

No. An adjuster can write down what you say on an unrecorded call and put it in the claim file, and your own statements can be offered as evidence against you in a later lawsuit (§ 90.803(18)).

Can I find out how much insurance the at-fault driver has?

Yes. Florida law requires a liability insurer to provide a sworn statement of its insured's policy limits and certain other information within 30 days of a claimant's written request (§ 627.4137).

Can I get a copy of my statement?

Ask the adjuster, in writing, for a copy of the recording or any transcript. If you were hurt and gave a written statement, Florida law requires the person who has it to give you a copy on request (§ 92.33).

Should I sign the medical authorization the adjuster sends?

Read it first. A blanket medical authorization can open your whole medical history, not just records related to the crash. A release, once signed, may end your injury claim. Ask what any form covers before you sign.

Sources

Florida Statutes (2026), § 627.4137 (disclosure of liability coverage), § 627.736(6)(g) (PIP examination under oath), § 627.737 (tort threshold), § 768.81 (comparative fault), § 90.803(18) (admissions), § 92.33 (copies of written statements). https://www.flsenate.gov/Laws/Statutes