The Fatal Mistake of Giving a Recorded Statement Too Soon

Written By Alexander Burton

The Conversation That Cost Thousands

Location: A Toronto law office

"It’s just a routine call," Sarah’s lawyer assured her. "Go ahead and speak with the insurance adjuster."

Nervous but trusting her lawyer, Sarah provided details—but in doing so, she contradicted some of the medical reports. Weeks later, her claim was denied based on inconsistencies.

The Technicalities: Why Recorded Statements Can Be Traps

Insurance adjusters look for inconsistencies to reduce or deny claims. In Valdez v. Intact Insurance, 2018 ONSC 471, the court upheld a denial based on inconsistencies between a recorded statement and medical records.

How to Overcome This Mistake

  • Never provide a recorded statement without consulting an experienced personal injury lawyer.

  • Request to respond in writing instead, allowing your lawyer to review your answers.

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Alexander Burton
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