If you get into a car accident in West Virginia, expect to receive a phone call from someone with the title of insurance claims adjuster as soon as the day of or the day after the crash. One of the things the insurance adjuster may ask for is a recorded statement. Do not give a recorded statement, as this is generally a tactic to hurt your claim. The insurance company is not on your side and could use the statement against you. 

Does the Law in West Virginia Require You to Give a Recorded Statement?

No law in West Virginia requires you to give an insurance company a recorded statement during a car accident claim. You are not legally obligated to give a statement, regardless of what the insurance adjuster tells you. If the adjuster says he or she needs a recorded statement before you can continue your claim, politely explain that the law does not obligate you to give one and that you will submit a written statement instead. A written statement allows you to remain in control of the information you give to the insurance company, rather than risk saying the wrong thing over the phone in the moment. 

What Is the Purpose of the Recorded Statement?

The recorded statement is a point of contention during an insurance claim due to the way most insurance companies use it. Although an insurance claims adjuster may tell you he or she wishes to record a statement to get the facts of the case down on record or for quality assurance purposes, the real reason is to have something to use against you later to diminish the value of your car accident claim. 

The goal of obtaining a recorded statement from you early on in your case is to have you on record saying something incorrect or inaccurate about your crash. Recording a statement saying you are not injured the day of your car accident, for example, could help the insurance company avoid paying you if you discover an injury with delayed symptoms the next day. Giving incorrect information to the claims adjuster during a recorded statement before you fully understand the facts of the case could also hurt your claim, as it could portray you as an unreliable witness. 

How to Handle Conversations With an Insurance Company 

Do not agree to give a recorded statement during your insurance claim in West Virginia, even if the claims adjuster says refusing to give one will delay the processing of your claim. Be polite in your refusal, but firm. Say that you and your attorney will submit a written statement once you have all the facts. Then, contact a car accident lawyer to assist you with your claim as soon as possible. A lawyer can give you further advice as to how to properly handle conversations with an insurance adjuster.

You do not need to give a recorded statement to another driver’s insurance company or your own provider, in most cases. Check the fine print of your auto insurance policy to see if there is a cooperation clause. If so, you may have agreed to cooperate with an investigation – including giving a recorded statement – when you purchased the policy. If you must give a statement, do not admit any fault for the accident. Stick to the truth and facts as you know them, but only answer the questions asked. Do not give more information than is necessary to answer each question.

A claims adjuster may not stop calling you until you submit a statement. Hire a lawyer to help you with every stage of your insurance claim, including submitting a written statement as soon as possible. The statement must be accurate and concise, as well as shield you from liability for the accident. Although something as simple as a conversation with an insurance claims adjuster may not seem complicated, saying the wrong thing could hurt your case remove your right to recover. Trust your case to an attorney for the best odds of success.

Attorney Timothy Manchin established the Manchin Injury Law Group in 2011 after his law partner of more than 25 years became a West Virginia circuit court judge. His focus is on helping individual clients and entire families victimized by negligent acts.

  • Taylor Downs was easy to talk to (I do not speak the legal language well!) and was very upfront and honest about the entire process of my case. He kept me updated as the case progressed, and answered my relentless questions. The end result was a favorable settlement that I’m not sure could have been any better with anyone else. In short, go see Taylor if you have a case. Don’t be intimidated to go seek his help, he won’t blow your brains out with “legal speak”.


  • Being referred to Taylor was the best thing I could have asked for. Taylor and staff are very easy to talk to. I would highly recommend them to anyone.


  • If I ever have to go through it again I would definetly call Taylor right away. The group was so helpful through my situation and handled everything that needed to be done. They made a stressful situation a stress free situation. With Taylor you dont have to worry about one thing. Definietly would recomend to anyone.

    - TAYLOR G.

  • Efficient, knowledgeable, and friendly.


  • Taylor and Tim helped make a difficult moment in life, a little more bearable. Easy to communicate with and informative. I will absolutely recommend them to everyone.


  • Manchin Injury Law Group, Took care of me when I got into a car accident while I was pregnant. Very scary moment for a first time mom but thankfully Manchin Injury Law Group had my back and treated me great. They made me feel as if I was part of their family. My son is now 7 Months Old and very happy and healthy. I’m very thankful for them for helping me through everything and getting me what we deserved. I 100% would recommend them to anyone. If I ever have an accident again they will be my number 1 phone call!


  • The support given helped me to feel like I was included in my personal injury case every step of the way. I was informed about the entire process throughout. It was amazing how quick the turn around time was and I would definitely recommend Attorney Timothy J. Manchin to anyone!


  • Taylor and Kelly worked hard on my case so I didn’t have to. Thanks guys!


  • Excellent experience dealing with Manchin Injury Law. They were very responsive, professional and easy to talk to. I did my homework before I hired a lawyer after my accident and I am so glad I found Manchin Injury Law Group. If you are injured, give them a call!


  • Taylor and Tim helped make a difficult moment in life, a little more bearable. Easy to communicate with and informative. I will absolutely recommend them to everyone.


  • Kelly and Taylor did all the hard work so that I didn’t have to. They both cared about my circumstance and got me a nice settlement. Taylor knows what he is doing and I felt comfortable with my case in his hands.


  • Great lawyers. They helped me with a West Virginia case.


  • Such a great experience with Taylor and this firm. Thankful for their diligence and their work on our case. Thank you to all!


  • Had a easy and smooth experience with a great attorney so when you go there make sure you ask for Taylor.


  • My experience at the Manchin Injury Law Group was extremely positive, and I would recommend them to anyone who needs a compassionate and experienced lawyer on their side.


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