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

Pistotnik Law

After a car accident in Kansas, it often happens quickly: an insurance adjuster calls, sounds friendly, and asks for a “quick recorded statement.” They may say it’s routine, required, or necessary to move your claim forward.

That leads to one of the most common questions after a crash:

Do you have to give a recorded statement after a Kansas car accident?

In most situations, the answer is no—and giving one too early can seriously harm your claim.

What Is a Recorded Statement?

A recorded statement is a formal interview conducted by an insurance company, usually over the phone. The adjuster records your answers and keeps them as evidence.

These statements are often requested within hours or days of the accident—sometimes before you’ve seen a doctor, reviewed the police report, or even fully processed what happened.

Are You Legally Required to Give One?

Under Kansas law, you are generally not required to give a recorded statement to the other driver’s insurance company.

The at-fault driver’s insurer has no contractual relationship with you. Their obligation is to protect their insured, not you.

There are two important distinctions to understand:

  • Other driver’s insurance: You can usually decline
  • Your own insurance: A statement may be required under your policy, particularly for collision coverage and PIP claims

Even then, timing and preparation matter.

Why Insurance Companies Ask for Recorded Statements

Insurance companies do not request recorded statements to “help” your claim. They are trained to use them to:

  • Lock you into early versions of events before you know all the facts
  • Highlight inconsistencies later
  • Downplay injuries
  • Suggest comparative fault
  • Argue delayed treatment or pre-existing conditions

Statements taken immediately after a crash are especially valuable to insurers because injuries often worsen later—while your recorded words do not change. In fact, many clients do not feel injuries until the next morning or even a couple of days later when they attempt to resume their normal activities.

Common Traps in Recorded Statements

Adjusters follow a well-crafted script and are skilled at asking questions that sound harmless but carry legal consequences, such as:

  • “Are you feeling okay now?”
  • “Did you see the other vehicle before impact?”
  • “Would you agree the accident happened quickly?”
  • “Have you ever had pain in this area before?”

Honest answers—given without full information—can later be used to argue that your injuries are exaggerated or unrelated.

What If It’s Your Own Insurance Company?

Kansas drivers often carry Personal Injury Protection (PIP) coverage, which pays medical expenses regardless of fault. Your policy may require cooperation, including a statement.

However, “cooperation” does not mean immediate, unprepared, or unlimited.

You generally have the right to:

  • Schedule the statement at a later time
  • Review the facts first
  • Understand the scope of questions
  • Have an attorney involved

Rushing into a recorded statement—even with your own insurer—can still cause problems if details are misstated or incomplete.

Should You Ever Give a Recorded Statement?

Sometimes, yes—but rarely without preparation.

A recorded statement may be appropriate when:

  • Liability is clear
  • Injuries are fully known and documented
  • You understand the purpose and scope
  • You’ve received legal guidance

What matters most is timing. Early statements often do more harm than good.

What You Can Say Instead

If contacted by the other driver’s insurer, it is reasonable to respond with something like:

“I’m not comfortable giving a recorded statement at this time.” Often, injured parties are provided pain medication or feel drowsy and not 100% sharp-minded. Definitely let the adjuster know and that you will need to wait to give a statement.

This is not an admission of fault, nor does it violate Kansas law.

You can still provide basic information—such as your contact details—without giving a recorded interview.

The Bottom Line

In Kansas, you are usually not required to give a recorded statement to the at-fault driver’s insurance company, and doing so prematurely can damage your claim.

Insurance adjusters are trained professionals with one goal: minimizing payouts. You are not required to help them do that.

If you’re unsure whether to give a recorded statement—especially early in the process—it’s often best to pause, gather information, and understand your rights before speaking on the record. We can help you and clarify what you need to do.

When it comes to protecting a Kansas car accident claim, what you don’t say too soon can be just as important as what you say later.

If you or a loved one has been injured and have questions about your rights, you don’t have to navigate the process alone. Brian Pistotnik, Brian Collignon, and John Pistotnik bring more than 70 years of combined experience handling personal injury cases and advocating for injured clients. Our firm is committed to providing clear guidance, honest answers, and aggressive representation. Contact us to discuss your accident and learn how we can help you get the justice you deserve.

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