# Do I have to give a recorded statement?

Canonical: https://californiapersonalinjurylaws.com/guides/recorded-statement/

Reviewed by Andrew (Andy) R. Gillin; publisher reported approval on 2026-11-04. Original review date was not supplied.

## Short answer

It depends on who asks and what your policy says. A request from your own insurer may differ from one from the other driver’s insurer.

## Hypothetical example

Your own insurer asks for a recorded account. The other driver’s insurer makes a separate request.

## How the rule works

A recording can be compared with later records or testimony. If you do not know an answer, say so. First check whose insurer is asking and what duties your own policy creates.

## What can change the answer

Your policy may require you to help with the claim. Refusing that duty can cause problems. A statement can also affect your claim.

## A useful next step

Ask who needs the statement and why. Read your policy or get advice if you are unsure.

## Court decisions behind this answer

### Brizuela v. Calfarm Ins. Co. (2004)

116 Cal.App.4th 578, pp. 586–590. The policy required a sworn exam of the insured. The court allowed denial when the insured failed to attend.

Limit: Not every recorded interview is that kind of exam. This case involved a business fire policy.

Source: https://www.courtlistener.com/opinion/2276598/brizuela-v-calfarm-insurance/

## Sources

- [California Department of Insurance — Automobile insurance guide](https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/auto101.cfm)
- [Brizuela v. Calfarm Ins. Co. (2004) 116 Cal.App.4th 578](https://www.courtlistener.com/opinion/2276598/brizuela-v-calfarm-insurance/)

General information, not legal advice.