Should I Let the Insurance Adjuster Take a Recorded Statement After an Accident?

When you’re asked to give a recorded statement after an accident, it might sound harmless. But is it the same as testifying under oath? Not even close. In this thoughtful piece, my 93-year-old father shares the key differences between a statement and a deposition and why it matters if your case ends up in court.

As communities grow, the people within them—those who raise the food, build the homes, and keep things running—learn to share the workload. That sharing of duties creates something rare and valuable: spare time.

With spare time, people begin to look beyond necessity. They turn to other pursuits. They sit under trees and notice the shape of the clouds. They go for walks. They make music and games. They talk to one another. And when people start talking, sooner or later, they start disagreeing. That’s part of being human.

Some disagreements are small. Which way to plant corn? Who won the game? Other disagreements strike deeper. One man says his property line ends here. His neighbor says no, it’s five feet over. One woman says a promise was made. The other says it wasn’t. When both believe they’re right, and neither can convince the other, trouble brews. That’s when folks turn to a third party for help.

That’s how we got courts.

Courts exist to resolve disputes. A judge listens to both sides and tries to make a fair decision. But judges weren’t there when the disagreement happened, and they can’t read minds. So, they depend on evidence—the things people say, write or show to support their side.

Much of that evidence comes from witnesses. And the things witnesses say can take one of two main forms: a statement or a deposition.

I have learned that you do not need to be a lawyer to understand what these two tools are and how they are used. I’ll do my best to explain the difference in plain language.

What Is a Statement?

A statement is someone’s account of what happened. It might be written down or recorded by someone else. It might be typed up or scrawled on paper. The important thing is that it’s not made under oath.

Let’s say there’s a car accident in Mesa, Gilbert, or Chandler, Arizona. Maybe one driver ran a red light. Maybe not. Witnesses are standing nearby—a teenager at the bus stop and a woman walking her dog. The insurance adjusters for both drivers will attempt to contact those witnesses as soon as possible. They’ll ask what the witnesses saw and take notes. They might record a phone call or have the witness write something down. That’s a statement.

Because statements are collected fast, they’re often raw and honest. But they’re also informal. No judge is present. Nobody is swearing on a Bible or raising their right hand. And often, there’s no notary around to verify it was even that person who said it.

That doesn’t mean statements aren’t useful. In fact, they can be very helpful in the early stages of a claim. Adjusters in Arizona use them to decide who was at fault and whether to pay out. Sometimes, a claim gets paid and resolved without anyone filing suit—and the statement is all that was needed.

But if the case goes to court, a statement might not hold up very well on its own. In short, a statement is helpful, but it’s not binding. It’s a person’s version of events—but without the legal weight that comes from swearing to tell the truth.

What Is a Deposition?

A deposition is more serious. It’s a formal, sworn testimony. It’s taken under oath, usually in front of a court reporter and often in a lawyer’s office.

Let’s go back to that same accident in Mesa. Maybe the two drivers can’t agree on what happened. One files a lawsuit. Now, it’s not just between the drivers or their insurance companies—it’s in the hands of lawyers and the courts.

At this point, both sides will want to preserve the facts as clearly as possible. They’ll want to hear from the same witnesses who gave statements—but this time, they want those witnesses under oath.

That’s a deposition. The witness is sworn in, usually by a notary public or court reporter. The lawyers ask questions. Everything is recorded, word for word. And what the witness says can be used later in court.

Depositions are powerful because they lock in testimony. If a witness later changes their story, the deposition can be brought in to show what they said before. Judges take that seriously.

A deposition also gives both sides a clearer view of the case. If a witness is firm and confident in their answers, that helps. If they’re shaky or uncertain, that helps, too—in a different way.

Why the Difference Matters (Especially in Arizona)

In Arizona, as in most states, both statements and depositions are allowed in the process of resolving a legal dispute. But their importance depends on how and when they’re used.

Statements often happen early. They’re fast, convenient, and easy to get. That makes them useful for insurance adjusters who are trying to assess fault and limit their company’s exposure. Sometimes, a claim gets paid and resolved without ever reaching court—and the statement is all the court will ever need.

But when a case goes further—into litigation or even trial—the courts prefer depositions. Why? Because they’re more trustworthy. The witness was under oath. The lawyers were present. There’s a written transcript or a video. Everything is clear and documented. Statements can still be brought up in court, especially if someone said something important and now denies it. But if the witness didn’t swear to tell the truth when they gave that statement, a judge may not give it much weight. In contrast, a deposition can shape the outcome of the entire case.

And remember, lying under oath is perjury. That’s a crime. So, people tend to take depositions more seriously, which often makes them more reliable.

A Word of Caution

If an insurance adjuster asks you to give a statement after an accident, be careful. You’re not under oath, but what you say can still be used against you later. They may seem friendly—and many are—but their job is to limit what the company has to pay. You’re always allowed to say, I’d like to speak with an attorney first. That’s not rude.

That’s just smart.

And here’s something most people don’t realize: even if your statement isn’t made under oath, it can still be used in court against you.

Under the Arizona Rules of Evidence, an unsworn recorded statement may still be admissible if it qualifies as a:

Prior inconsistent statement (Ariz Evid. Rule 801(d)(1)(A)), or
Statement against interest (Ariz Evid. Rule 804(b)(3))

In plain English, if what you said to the adjuster doesn’t match what you later say in court, the other side can bring that earlier statement in and ask the jury, Which version should we believe?

That’s why this part is worth repeating:

Please think carefully before making any statement to an adjuster without first talking to a lawyer. It’s critical. You rarely help your case with an early recorded statement—but you can absolutely hurt it.

Once your words are on record—even casually—they can follow you for the rest of the case.

When a case gets to the deposition stage, you’ll almost certainly have a lawyer guiding you. Depositions aren’t something to go into unprepared. You’ll be asked detailed questions. And your answers will matter.

Final Thoughts

Both statements and depositions are ways of telling what happened. Both can help settle disputes. But they are not the same.

A statement is a conversation.

A deposition is a commitment.

One is a handshake.
The other is a signed contract.

Both have their place. But when the stakes are high—when fault is disputed or when serious injuries are involved—the deposition is what the court relies on.

I’ve lived long enough to see how these things play out.

But, even after retiring from the practice of law many years ago, I still believe in plain explanations and thoughtful comparisons. I hope this has been one.

— Written with affection by my father, Richard J Marco, Sr., age 92

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Every case is unique, and the laws in Arizona are subject to change over time. If you’ve been in an accident or are being asked to give a recorded statement, consult with a qualified attorney before proceeding.