Corbin Sutter Accident Lawyers

After a Florida car accident, one of the first calls many people receive is from an insurance adjuster asking for a recorded statement. You may wonder: Do I have to agree? And what happens if I refuse? The short answer is you are not required to give a recorded statement to the other driver’s insurance company—and in many cases, it is safer not to. With your own insurer, you must cooperate under your policy, but that does not always mean consenting to a recorded interview.

At All Injuries Law Firm, we believe in Victory for the Injured. For over 35 years, our attorneys have been standing up for drivers in Port Charlotte, Sarasota, and Fort Myers, helping them achieve justice, recovery, and peace of mind when insurance companies push back.

Do You Have to Give a Recorded Statement After a Florida Car Accident?

If the request comes from the other driver’s insurance company, you have the right to refuse a recorded statement, and doing so will not affect your claim. If the request comes from your own insurance company, your policy may require cooperation—but cooperation does not have to mean agreeing to be recorded.

Florida law also requires that at least one party consents before a conversation is recorded (§ 934.03, Florida Statutes) — meaning you always have the right to decline being recorded if you’re uncomfortable Florida Statutes Ch. 934.

When the Other Driver’s Insurance Adjuster Calls, You Can Refuse

The other driver’s insurer is not on your side. Their adjusters are trained to frame questions in ways that may shift blame or downplay your injuries. A simple comment like “I’m doing okay” could later be used to argue that your injuries are minor. That’s why refusing to give a recorded statement is often the best way to protect yourself.

Your Own Insurance Company May Require Cooperation but Not Recording

Your own insurance policy usually contains a “duty to cooperate.” This means you must provide information about your crash, but you still have the right to set limits. You can decline recording, provide written responses instead, or have your attorney present during any communication. If you refuse entirely, your insurer may delay processing your claim—but with legal guidance, you can comply safely without risking your case.

What Happens If You Refuse to Be Recorded by an Insurance Adjuster

• Other driver’s insurer: Nothing negative happens to your case. You can safely refuse.

• Your insurer: They may push back, but you can protect yourself by involving your lawyer.

At All Injuries, we level the playing field. Our clients often say the moment they called us was when they finally felt heard and safe. That’s what victory really looks like.

How Insurance Companies Use Recorded Statements Against Florida Drivers

Insurance companies know Florida law allows them to reduce payouts if they can prove you share even part of the fault. Under Florida’s modified comparative negligence law (§ 768.81), if you are found more than 50% responsible, you may be barred from recovering damages Florida Statutes § 768.81.

That’s why adjusters want recorded statements—they’re looking for ways to shift blame and minimize what they owe.

Safe Ways to Protect Yourself Before Speaking With an Adjuster

• Do not guess about fault or the sequence of events.

• Do not minimize your injuries (“I’m fine”).

• Get medical treatment first—your health comes before statements.

• Let your attorney sit in on any conversation.

Sample responses you can use right away:

• To the other driver’s insurer:

“I’m not comfortable giving a recorded statement. Please contact my attorney.”

• To your own insurer:

“I’ll cooperate with my claim, but I don’t consent to a recorded interview. My attorney can provide the information you need.”

What to Do If You Already Gave a Recorded Statement After Your Crash

Don’t panic if you already provided one. An attorney can request a copy of your recording, review it for problems, and take steps to correct or clarify anything that could be misused. Going forward, you should avoid additional recorded interviews without legal guidance.

Florida Attorneys With Proven Results Protecting Car Accident Victims

At All Injuries Law Firm, we’ve recovered millions for injured drivers across Southwest Florida, including:

• $1.5 million for multiple injuries from a vehicle collision

• $1.1 million for a knee injury in a motor-vehicle crash caused by another driver’s negligence

• $879,000 for a client who suffered a severe auto accident injury

Our attorneys bring both experience and credentials to every case. Managing Partner Brian O. Sutter has been Board Certified in Florida Workers’ Compensation since 1990, and attorneys Bryan Greenberg, Corbin Sutter, and Jenna Kakley fight every day for local clients in car accident and personal injury cases.

When our clients win, they know they are not just getting a check—they’re reclaiming control of their lives. Around here, we celebrate that moment with our tradition of banging the victory gong—a symbol of justice served and lives put back on track.

Rooted in the Southwest Florida Community

We live here and we give back here. From hosting back-to-school supply giveaways for local families to supporting veterans, the arts, and youth sports, our team stays active in Port Charlotte and throughout Southwest Florida. That same commitment carries into every case we handle.

Frequently Asked Questions About Recorded Statements After Florida Car Accidents

Do I have to give a recorded statement to the other driver’s insurance company?

No. In Florida, you are not required to give a recorded statement to the other driver’s insurer, and refusing will not harm your claim.

What happens if I refuse to give my own insurance company a recorded statement?

Your insurer may claim you are not cooperating with your policy. However, you can still comply by providing written answers or having your attorney respond with you.

Can a recorded statement reduce my settlement after a car accident?

Yes. Insurance adjusters often use recorded statements to argue that you were partially at fault or that your injuries are less serious than they are. Under Florida’s modified comparative negligence rule (§ 768.81), being found more than 50% at fault may bar recovery.

What should I say if an insurance adjuster asks for a recorded statement?

You can politely decline. For example: “I don’t consent to a recorded statement. Please contact my attorney.”

What if I already gave a recorded statement?

Don’t panic. An attorney can obtain a copy, review it, and correct any misleading points.

Do I need a lawyer to handle insurance adjusters in Florida?

While not legally required, an experienced lawyer ensures you don’t say something that weakens your claim.

References / Citations

• Florida Statutes § 768.81 — Comparative Fault / Modified Comparative Negligence (HB 837)

• Florida Statute Chapter 934, § 934.03 — Recording Conversations / Consent Requirement

📞 Call us at (941) 625-4878 or visit us at 2340 Tamiami Trail, Port Charlotte for a free consultation.

At All Injuries Law Firm, victory for the injured isn’t just a slogan—it’s what we fight for every day.