The calls usually start within a day or two of the accident, and they sound routine. They are not. What gets said in that first conversation can shape the entire value of a claim, and the answer to whether cooperation is required depends entirely on which insurance company is calling.
- The other driver’s insurer: no contract exists between you and them, and Florida law does not require a recorded statement.
- Your insurer: your policy likely requires cooperation, but that rarely means an immediate recorded interview.
- You can always decline recording: Florida law lets you refuse to be recorded even in a call you agree to take.
- Small comments matter: under Florida’s comparative fault rule, offhand remarks can be used to reduce or eliminate a claim.
- A separate 14-day clock: initial medical treatment within 14 days of the accident is required for PIP coverage, with no exceptions.
Do I have to give a recorded statement to the other driver’s insurer?
No. There is no contract between a claimant and the at-fault driver’s insurance company, and Florida law creates no duty to cooperate with them. Refusing a recorded statement to that insurer does not damage a claim. Their adjuster works for the company that employs them, with no obligation to protect the interests of the person who was hurt.
What about my insurance company? Do I have to cooperate with them?
Generally, yes, though not necessarily in the form of an immediate recorded interview. Most Florida auto policies include a cooperation clause requiring assistance with the investigation, but that duty is often satisfied through written responses, documents, or a non-recorded conversation. Refusing to cooperate at all can create real coverage problems, which is different from declining a specific recorded format.
Can I refuse to be recorded even if I agree to talk?
Refusing is always an option. Florida is a one-party consent state for recorded conversations under Fla. Stat. § 934.03, which in practice means a person can decline to be recorded regardless of who is asking. Agreeing to answer questions and agreeing to have that conversation recorded are two separate things, and only one of them is ever required, even with the insurer you pay.
Why does the other driver’s insurer want a recorded statement so badly?
Florida follows modified comparative negligence under Fla. Stat. § 768.81, meaning any percentage of fault assigned to a claimant reduces their recovery, and more than 50 percent bars it entirely. An offhand comment like admitting uncertainty about what happened, or downplaying how an injury feels in the first days, can later be framed as evidence of shared fault or a minor injury, long before the medical picture is complete.
What if I already gave a recorded statement before learning this?
It is not the end of a claim. A prior statement can be addressed and worked around, and it is rarely the only evidence available. What matters most going forward is not compounding it with additional statements, and getting guidance before any further contact with that adjuster.
Is there a deadline to get medical treatment so insurance covers it?
Yes, and it has nothing to do with how long a lawsuit can be filed. Under Fla. Stat. § 627.736(1)(a), Personal Injury Protection benefits generally require initial medical treatment within 14 days of the accident, with no exception for a reasonable excuse. Missing that window can mean PIP pays nothing toward the accident at all, regardless of how fault eventually gets sorted out with the adjusters.
What should I do right now if an adjuster is calling me?
Get the adjuster’s name, the claim number, and which company they represent. A simple, direct line covers most calls: “I am not comfortable giving a recorded statement. Please send your questions in writing.” Once an attorney is retained, a letter of representation generally requires the insurer to route further communication through counsel rather than calling directly. See our page on being the at-fault driver in a Florida accident for how fault percentages affect a claim on either side of it.
If this is happening to you
Every claim depends on the specific coverage involved and what has already been said, and that requires a real review, not a guess. Cases in Miami-Dade are handled locally, through the Eleventh Judicial Circuit.
The first consultation is free and confidential, with no obligation to retain.