A deposition is the step people dread most and picture least accurately.
What it actually is. You answer questions under oath, usually in a conference room or by video. Present: the other side’s lawyer asking, your lawyer, and a court reporter typing every word. No judge. No jury. No courtroom.
Why it happens. The other side is entitled to hear your account before deciding what the case is worth. Many claims settle shortly afterwards, because that is the first point at which the insurer can assess you rather than a file. Most cases still never reach a trial.
What you will be asked about
- Your background, work and medical history
- What happened, in detail, more than once and from different angles
- What you were doing in the moments before
- Your treatment, and how the injury affects you now
- What you have said about it to other people, including online
The two things that actually matter
Answer only what was asked, then stop. The most common and most costly habit is filling silence. A pause after your answer is a technique, not an invitation.
Say you do not remember when you do not. “I don’t recall” is a complete and truthful answer. A guess becomes a fact in the transcript, and an incorrect guess is used later to suggest the rest of your account is unreliable.
Also:
- Do not estimate distances or times unless you are confident. “About three metres” that turns out to be eight is damaging in a way “I’m not sure” never is.
- Do not volunteer your own theory of what you should have done differently. That is the fault percentage they are working on, and above 50% it bars recovery entirely.
- Correct yourself immediately if you realise you misspoke. That is expected and easy in the moment; it is awkward months later.
How it differs from an adjuster’s recorded statement
A deposition happens in litigation, under oath, with your lawyer present, and you are obliged to attend.
A recorded statement to the other side’s insurer is none of those things, and you are generally not required to give one at all.