Utah Insurance Adjusters and Recorded Statements: What the Law Requires and What You Can Do
General information, not legal advice. Read the full disclaimer.
Short answer: Utah law doesn't dictate what you must give the other driver's insurer after a crash. The Utah Insurance Department says that for a third-party claim "no law specifies what you must provide," but the insurer needs enough information to determine who is liable, the amount of your damages, and whether those damages relate to the accident, and failing to cooperate fully "could deny your claim altogether." The Department's guidance doesn't address recorded statements specifically, so treat any request carefully: you have different duties to your own insurer (which has a cooperation clause) than to the other side's insurer.
Who this guide is for
Utah drivers and passengers contacted by an adjuster after a crash, who aren't sure whether to give a recorded statement, sign a medical authorization, or accept a quick offer.
Two insurers, two different relationships
- Your own insurer owes you a contractual duty, and your policy requires you to cooperate and give notice. The Department advises contacting your insurer as soon as possible, cooperating fully, and asking which documents and data you'll need.
- The at-fault driver's insurer has no contract with you, and its primary obligation is to its own policyholder. It investigates to decide whether to pay and how much.
What the Department says about information
For third-party claims, there's no statute listing what you must provide. In practice, insurers ask for:
- the police report and photos;
- repair estimates and vehicle information;
- medical records and bills relating to the injuries;
- proof of lost income; and
- a statement describing what happened.
Failing to provide reasonable information the insurer needs can delay or jeopardize the claim, so it's a balance.
Recorded statements: practical considerations
Because the law doesn't set a rule, consider these points before agreeing:
- Ask what the statement is for and whether it will be recorded; you can ask to provide key facts in writing instead.
- Wait if you're hurt or medicated. Early statements about injuries can be incomplete; symptoms often develop.
- Stick to facts you know. Don't guess about speed, distance, or fault.
- Don't speculate about injuries. "I'm fine" at the scene can be quoted later; say you're getting checked out.
- Get a copy or transcript if possible, and note who you spoke to.
- Consider legal advice first, especially with serious injuries or disputed fault.
Medical authorizations deserve care too: ask that any authorization be limited to records relating to the accident and a defined period.
Fault and comparative negligence
Statements about your own conduct can affect your percentage of fault. Utah allows recovery only if you're less than 50% at fault and reduces the award by your percentage. See Utah's Comparative Fault Rule. The seat-belt defense, however, is barred by statute: see Seat Belts and Utah Injury Claims.
Your protections
Utah's claim-settlement rule requires insurers to conduct a reasonable investigation, acknowledge communications within 15 days, respond substantively within 15 days on request, and decide in 30 days; they may not offer substantially less than a claim's reasonable value as established by an independent source (for first-party claims). If you have legal counsel, the insurer isn't required to send 45-day status letters, which can be a reason to retain counsel early. See Utah Insurance Claim Deadlines.
Keep your own records
The Insurance Department recommends keeping notes of every conversation with insurers, agents, lawyers, and police — dates, times, names, topics, decisions, and promises — and saving all receipts for towing, storage, and rental cars.
Frequently asked questions
Do I have to give the other driver's insurer a recorded statement in Utah?
The Insurance Department says no law specifies what you must provide, but failing to cooperate could jeopardize your claim. Many people limit statements to basic facts or get advice first.
Do I have to cooperate with my own insurer?
Your policy typically requires cooperation; the Department advises cooperating fully.
Can I talk to the adjuster without a lawyer?
Yes. But with serious injuries, disputed fault, or large damages, consider legal advice before giving a statement.
What if I already gave a statement?
Keep a record of what you said, and speak with an attorney if the insurer relies on it to deny or reduce the claim.