Written by: Vrege Kolokossian If you have recently been injured, there is a good chance the relevant insurer will contact you soon after the incident. They may want to ask what happened, understand your injuries, or take a statement from you.
It can feel like a straightforward conversation, particularly when you are still dealing with the immediate consequences of an injury. But before providing detailed information, it is worth understanding why the insurer is contacting you, what your answers may be used for, and whether you should speak with a lawyer first.
You should not ignore the insurer or miss a required notification deadline. However, before giving a detailed or recorded statement, signing documents, discussing liability or accepting an offer, it is sensible to obtain legal advice first.
Why insurers contact you so quickly
Insurers have an early interest in understanding a potential personal injury claim. The sooner they obtain information about an incident, the sooner they can begin assessing questions such as liability, the nature of the injuries, and the potential value of the claim.
But early contact can also happen before you have a complete picture of your own circumstances.
In the days and weeks following an injury:
- Your symptoms may develop or change
- You may not yet know the full extent of your injuries
- You may not have received all of the necessary medical assessments
- You may not yet understand which aspects of the incident are legally relevant
- You may still be trying to recall the circumstances of a stressful event.
This does not mean an insurer is acting improperly by contacting you. Assessing claims is part of its role. But the insurer’s role differs from your lawyer’s. Your lawyer is there to understand your position, protect your interests and advise you about how best to pursue your claim.
The type of insurer also matters. Your own insurer, another party’s insurer, a CTP insurer, a workers compensation insurer or a TPD insurer may each have different processes and requirements. The obligations that apply can also vary depending on the type of claim and the State or Territory involved.
Key takeaway
An insurer’s early questions are not necessarily a sign that you need to provide answers immediately. If you are unsure what information you should provide, it is reasonable to seek legal advice before having a detailed conversation about your claim.
What a recorded statement is actually used for
One of the most common requests from an insurer is for a recorded statement about what happened and the injuries you suffered.
A recorded statement creates a contemporaneous record of your account. It may be referred to later when the insurer is assessing your claim and can be compared with other evidence, including medical records, witness accounts and later statements.
That does not mean a minor inconsistency will automatically damage your claim. People can remember events differently over time, particularly after a stressful or traumatic incident. However, differences between an early account and later evidence can become relevant when questions are asked about what happened, how an injury occurred, or the extent of your injuries.
In practice
For example, you may describe your pain as manageable a few days after an accident because you expect it to improve. If your symptoms subsequently worsen and your medical assessment reveals a more significant injury, your earlier description may need to be explained in that context.
Similarly, seemingly harmless comments such as “I’m fine”, “it was partly my fault” or “I already had problems with that area” can take on greater significance when considered alongside the full evidence. These comments do not automatically determine your claim, but their meaning may be different once the complete medical and factual picture is known.
Key takeaway
What you say early in a claim can become part of the evidence later. You do not need to assume that every answer will be used against you, but you should understand the significance of giving a formal statement before agreeing to do so.
What insurers may be trying to establish
An insurer’s questions will generally be directed towards information relevant to assessing the claim. This may include:
- What happened and how the incident occurred
- Who may be responsible for the incident
- What injuries you suffered and when your symptoms began
- What treatment you have received
- What you did immediately after the incident
- Whether there were any relevant pre-existing injuries or medical conditions
- How the injury has affected your work and day-to-day life.
Some questions may seem straightforward but can have legal significance. For example, being asked how you are feeling today is different from being asked to describe the full impact of your injury. Likewise, saying that you felt “okay” immediately after an incident does not necessarily mean you were uninjured, but the context surrounding that answer can become important later.
The issue is not that you should avoid answering questions or withhold information. It is that you should be careful about giving definitive answers about matters you may not yet fully understand.
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What you can and cannot say
If an insurer contacts you before you have obtained legal advice, you generally do not need to feel pressured into providing a detailed statement during that first conversation.
It is generally reasonable to:
- Confirm basic factual details, such as your name and that an incident occurred
- Provide your contact details
- Confirm that you are seeking legal advice
- Ask what information the insurer requires and whether there is a deadline for providing it
- Ask for questions or requests to be provided to you in writing where appropriate
- Ask the insurer to communicate with you or your lawyer after you have obtained advice
Before providing detailed information, it is sensible to obtain legal advice about:
- Giving a recorded statement
- Signing documents or authorities
- Providing detailed information about your injuries
- Discussing who you believe was responsible
- Accepting an early settlement offer
- Making statements about your future recovery or ability to work.
You should also avoid speculating about matters you do not yet know. For example, you may not yet know whether an injury will fully resolve, whether you will return to your previous work, or whether another party was legally responsible. It is better to explain that you do not yet know than to make a definitive statement based on an incomplete picture.
This is not about being evasive or withholding relevant information. It is about making sure that information you provide is accurate, properly understood, and given in the right context.
Lawyer's perspective
You do not need to be difficult or confrontational with an insurer to protect your position. You can remain cooperative while taking the time to understand what is being requested, why it matters, and whether you should obtain legal advice before responding.
What should I say if the insurer calls?
You do not need a complicated explanation. If you have not yet obtained legal advice, you can simply say:
“Thank you for calling. I intend to seek legal advice before providing any further details or a statement. I’ll be in touch once I’ve done that.”
You can then end the conversation or ask the insurer to contact your lawyer once you have obtained advice.
Before ending the conversation, make a note of the caller’s name, the insurer they represent, their contact details, what they are requesting and whether they have given you a deadline. You can also ask for the request or questions to be sent to you in writing.
Seeking legal advice before providing a detailed statement is not an admission that you have done anything wrong, nor does it mean you are refusing to cooperate with the claims process. It simply gives you an opportunity to understand your position before providing information that may become part of the claim.
Why speaking to a lawyer first can help
The order in which you take these early steps can matter.
Speaking with a lawyer first gives you an opportunity to:
- Understand what information is likely to be relevant to your claim
- Obtain appropriate medical advice and documentation
- Understand the significance of providing a recorded statement
- Avoid making assumptions about liability or the extent of your injuries
- Understand your rights and the process before entering negotiations
- Have someone acting in your interests when dealing with the insurer.
Your lawyer can also deal directly with the insurer where appropriate, allowing you to focus on your recovery rather than trying to navigate the claims process yourself. The purpose is not to prevent communication with the insurer. It is to make sure that when communication takes place, you understand your position and have appropriate legal guidance.
It can also be an opportunity to understand the potential value of your claim before you are asked to make decisions about it.
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What if I have already spoken to the insurer?
Do not assume that speaking to the insurer before getting legal advice means you have damaged your claim.
Many people have already answered questions, provided information or even given a recorded statement before they realise they should seek legal advice. What matters is understanding what was said and what happens next.
Make a note of what was discussed, retain any emails, letters or other correspondence you received, and ask the insurer for a copy of any recorded statement or written account if you do not already have one.
A lawyer can review the information you have already provided, identify any issues that may need to be clarified, and advise you on the best way to progress your claim from that point.
The key point
An insurer contacting you soon after an injury is normal. You do not need to treat the call as a confrontation, but you also do not need to feel pressured into providing detailed information before you understand your legal position.
Taking the time to obtain advice can help you approach the claims process from an informed position. Your lawyer can explain what information matters, deal with the insurer on your behalf where appropriate, and help ensure your claim is properly supported from the outset.
Speaking with a lawyer can also help you understand the potential value of your claim and what may be at stake.
If you have already spoken with an insurer, it is not too late to get advice. A lawyer can assess where your claim currently stands and explain what you should do next.
