Do I have to give the other driver’s insurer a recorded statement in Georgia?

· 3 min read

No Georgia law compels an injured person to sit for a recorded statement with the at-fault driver’s insurance company. That carrier insures the other side, not the claimant, so its adjuster has no contractual right to demand one and no power to require it.

Why the duty to cooperate does not reach the other carrier

The confusion usually comes from insurance “cooperation clauses.” Those clauses are part of a person’s own policy, and they bind an insured to assist their own insurer. The liability carrier for the driver who caused the crash is a different party entirely, with interests opposed to the claimant’s. A person owes it no contractual duty of cooperation, including no obligation to give a recorded account of the wreck or injuries. Politely declining and routing communications through writing is generally permitted.

The picture changes when the request comes from a claimant’s own insurer, such as in an uninsured or underinsured motorist (UM/UIM) claim under O.C.G.A. § 33-7-11. There, the policy’s cooperation terms typically do apply, and an unreasonable refusal to cooperate can jeopardize coverage. Even then, the scope and timing can often be negotiated rather than accepted on the adjuster’s terms.

What a recorded statement risks

A recorded statement is taken early, often before the full extent of an injury is known, and the adjuster controls the questions. Several risks recur:

  • Pain or symptoms that worsen later may seem minimized by an early “I feel okay.”
  • Casual phrasing can be read as admitting fault or downplaying harm.
  • Memory gaps soon after a collision can be cast as inconsistency.
  • Off-hand answers about prior injuries can be used to attribute current pain to old conditions.

Because Georgia uses a percentage-based fault system under O.C.G.A. § 51-12-33, where any share of fault assigned to a claimant reduces recovery and a 50% share bars it, statements that seem to concede partial blame can carry real cost.

Handling the request

Declining a recorded statement does not mean refusing all communication. A claimant can still report the basic facts in writing, provide documentation of damages, and pursue the claim. The point is to control the form and timing of what is said rather than to be questioned on the record by the opposing insurer.

The bottom line

Georgia does not require giving the other driver’s insurer a recorded statement, and there are sound reasons to decline. The cooperation duty that does exist runs only to a person’s own carrier, so distinguishing which insurer is asking is the key first step.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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