After a Colorado car accident, an insurance adjuster may contact you and request a recorded statement. The request may come from the other driver’s insurance company or your own insurer, depending on the circumstances of your claim.
Before agreeing to provide a statement, understand who is requesting it, why they need it, and whether your insurance policy requires your cooperation.
What to clarify before recording
Before agreeing to a recorded statement, clarify the following:
- The adjuster’s name, insurance company, and whom they represent
- Whether you are making a claim under your own uninsured/underinsured motorist (UM/UIM) coverage
- The claim number
- The specific policy provisions requiring your cooperation, if applicable
- Any deadlines for responding to the request
Ask the adjuster to provide the request and relevant policy provisions in writing. This gives you an opportunity to review what’s being requested and understand how your response may affect your claim.
Why your own coverage matters
Under C.R.S. § 10-4-609, Colorado insurers must offer uninsured/underinsured motorist (UM/UIM) coverage, which policyholders may reject in writing. If you are injured by an at-fault driver who has no insurance or insufficient coverage, applicable UM/UIM benefits may provide another source of compensation.
UM/UIM coverage varies by policy and may cover certain damages resulting from the crash. Your insurer may need information about the accident, your injuries, and your losses to evaluate the claim. Your policy may also contain specific cooperation requirements.
What cooperation requires
Under C.R.S. § 10-3-1118, an insurer seeking to assert a failure-to-cooperate defense based on a policy’s general cooperation clause must meet specific requirements. These include:
- Sending a written request for information that is unavailable without your assistance
- Giving you 60 days to respond
- Requesting information that a reasonable person would consider necessary to adjust the claim or prevent fraud
If the insurer alleges that you failed to cooperate, it must also provide an opportunity to correct the issue by:
- Sending written notice describing the alleged failure within 60 days after the failure
- Allowing you 60 days after receiving the notice to correct the issue
A failure-to-cooperate defense applies only to the portion of a claim that was materially and substantially disadvantaged by the insurer’s inability to investigate or evaluate it.
How the response periods work
The 60-day response and cure periods do not eliminate your policy’s cooperation requirements. They establish procedural protections against certain failure-to-cooperate defenses. However, specific policy conditions may involve separate obligations that are not covered by these statutory procedures.
In its 2026 decision in United Services Automobile Association v. Wenzell, 2026 CO 25, the Colorado Supreme Court clarified that C.R.S. § 10-3-1118 applies to defenses based on general cooperation clauses, not every contractual duty or condition precedent. This distinction matters when determining whether the statute’s protections apply to a particular insurance request.
How to prepare your answers
If an insurance adjuster calls unexpectedly, you can ask questions about the request before agreeing to a recorded statement. Keep copies of written requests and any notices concerning alleged non-cooperation with your accident-related documents.
Before speaking with the adjuster, review your accident notes, photographs, and relevant medical records to help you recall the events accurately.
If work commitments, medical appointments, pain, or medication side effects prevent you from participating at the proposed time, notify the adjuster promptly and request another appointment. Confirm the arrangement in writing.
During the recorded statement:
- Answer questions honestly.
- Ask the adjuster to clarify questions you don’t understand.
- Say when you don’t know or remember something instead of guessing.
- Don’t misrepresent whether you have legal representation.
When a lawyer can help
If an adjuster suggests that failing to provide certain information could affect your coverage or benefits, or you’re unsure how to respond, consider speaking with an attorney. A lawyer may be able to:
- Review your insurance policy and communications with the insurer
- Explain potential issues affecting your claim
- Communicate with the insurance company on your behalf while you focus on recovery
If you’re unsure how an adjuster’s questions or requests could affect your injury claim, an attorney can help you understand your legal options. Bring your insurance policy, the adjuster’s written request (if available), and other accident-related documents to your consultation.
The bottom line
If your insurer requests a recorded statement after a Colorado crash, clarify why it’s needed, review the relevant policy provisions, and note any response deadlines. Answer honestly and seek legal guidance if you’re unsure about your obligations.
Keep copies of all communications and take time to prepare accurate answers. Understanding your obligations can help you protect your coverage while navigating the claims process.
This article provides general information about Colorado insurance claims and is not legal advice. A licensed attorney can review your policy, correspondence, and the circumstances of your case.
This content is provided for informational purposes only and is not a substitute for professional advice. AFP editorial staff were not involved in the creation of this content.
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