New York law does not require you to give a recorded statement to the bodily injury liability insurance company, and you can decline politely without hurting your legal rights. There might be an exception if that same insurance company will be paying no-fault benefits.
At William Mattar, P.C. our team has focused on motor vehicle accidents for more than 30 years, with attorneys and offices and intake locations across the State.
Key facts about recorded statements after a New York car accident
- The bodily injury liability insurer. This is the insurer that will pay for pain and suffering. Sometimes that same insurer will pay no-fault benefits. An experienced attorney can examine your unique situation.
- Your no-fault notice. The mandatory no-fault endorsement in Regulation 68 requires written notice to your no-fault insurer as soon as reasonably practicable and no more than 30 days after the accident, unless you show clear and reasonable justification for the delay.
- The application. Your no-fault benefits run through the prescribed application, NYS Form NF-2, described in 11 NYCRR 65-3, and the insurer must act on it within set timeframes.
- Examinations under oath. The no-fault endorsement lets your insurer require an examination under oath, but Regulation 68 says the request must rest on specific objective justification and be held at a place and time reasonably convenient to you, with lost earnings and transportation reimbursed.
- Prompt payment. Under Insurance Law Section 5106, no-fault benefits are overdue if not paid within 30 days after proof of claim.
The two insurance companies have different rights to your words
After a New York crash you may hear from different insurers. One carrier handles your no-fault benefits and any coverage you bought, and your policy is a contract that requires notice and reasonable cooperation. The other carrier will pay for pain and suffering under bodily injury liability coverage. Sometimes the same carrier covers no-fault and bodily injury. You are free to give that adjuster your name, counsel's contact information, and nothing else.
Your no-fault application is a separate and mandatory track
Declining a recorded statement to the bodily injury carrier does not mean ignoring your own. New York's no-fault system runs on deadlines set out in Regulation 68. Written notice must reach the no-fault insurer as soon as reasonably practicable and no later than 30 days after the accident. Meeting these paper deadlines is how medical bills and lost wages get paid while the injury claim develops.
An examination under oath is not an adjuster's phone call
Your own no-fault insurer can require you to submit to examinations under oath and medical examinations as may reasonably be required, because those words appear in the mandatory endorsement in Regulation 68. The regulation also disciplines that power. An examination under oath must be based on the application of objective standards, with specific objective justification supporting its use, must be held at a place and time reasonably convenient to you, and the insurer must reimburse your lost earnings and reasonable transportation expenses.
How to decline politely if you are contacted by the bodily injury liability carrier only
Every case is unique. Stay calm and courteous, write down the adjuster's name and the call time, and end the call. An injury lawsuit in New York generally must be filed within three years under CPLR 214(5), so declining an early recorded statement costs you nothing while protecting everything.
| No-Fault | Bodily Injury Liability | |
| Duty to communicate | Yes. The policy requires timely written notice, the completed NF-2 application, and reasonable cooperation under Regulation 68 | No. You have no contract with them and no duty to give any statement |
| What they can require | Written 30-day notice, proof of claim, verification, medical examinations, and an examination under oath supported by objective justification | Nothing. Requests are voluntary, however official they sound |
| Risk of a recorded statement | Lower, but recorded answers can still be shared and used later. | High. The statement exists to dispute fault and minimize injuries |
| Recommended handling | Meet every deadline in writing, keep copies, and have counsel present for any examination under oath | Generally speaking, decline politely, provide only basic identifying facts, and refer the adjuster to your attorney |
Frequently asked questions
Can I refuse a recorded statement after a car accident?
Yes. The bodily injury liability insurer has no legal right to a recorded statement from you, and refusing cannot lawfully be used to deny a liability claim. With the no-fault insurer, you must cooperate reasonably and meet the no-fault deadlines in Regulation 68, but you can decline an informal recorded interview and insist on the formal procedures the regulation provides. Sometimes the no-fault and bodily injury liability insurer are one and the same.
Do I have to give my own insurance company a recorded statement?
Your policy requires reasonable cooperation, and the no-fault endorsement allows the insurer to require an examination under oath when it has specific objective justification. That is a scheduled, formal proceeding where you can appear with counsel.
What happens if I miss the 30-day no-fault deadline?
Benefits can be denied for late notice, but Regulation 68 allows the claim to proceed if you submit written proof providing clear and reasonable justification for the delay. Act immediately, send the notice anyway, and get legal help, because a late-notice denial can often be contested.
Is an examination under oath the same as a recorded statement?
No. An examination under oath is a formal condition of the no-fault policy, held at a reasonably convenient place and time, with your lost earnings and transportation reimbursed and your attorney present. A recorded statement is an informal interview with none of those protections.
Is an adjuster pressing you for a recorded statement after a New York car accident? The attorneys at William Mattar, P.C. are available 24/7 with no fee unless your case recovers money. Call (844) 444-4444. Offices and intake locations across New York State.
About William Mattar, P.C.
William Mattar, P.C. is a New York law firm that handles motor vehicle accident cases and has represented injured people for over 30 years. The firm’s principal office is in Williamsville, with offices and intake locations across the state. It represents motorcycle, car, truck, bus, pedestrian, and rideshare accident victims throughout New York State, with free case reviews available 24/7 at (844) 444-4444.
Related reading from William Mattar
- What Legally Qualifies as Distracted Driving in New York
- How Much Does a Lawyer Cost for a Car Accident in New York
- What Happens in a Car Accident Lawsuit
- Rideshare Accidents in New York
- How Proving Distraction Helps You Meet New York’s Serious Injury Threshold
Each of the above is part of William Mattar’s New York State accident resource library.
Sources
- New York Department of Financial Services, Insurance Regulation 68 (11 NYCRR Part 65), full text, https://www.dfs.ny.gov/system/files/documents/2020/05/reg68_11_nycrr_65_full_text.pdf
- New York Insurance Law Section 5106, NY Senate Open Legislation, https://www.nysenate.gov/legislation/laws/ISC/5106
- New York CPLR 214, NY Senate Open Legislation, https://www.nysenate.gov/legislation/laws/CVP/214
Attorney Advertising. This article provides general information about New York law and is not legal advice for any specific situation. Prior results do not guarantee a similar outcome. Last updated July 2026.