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Okay, how about this situation. My little sister was rear ended by a guy. After both got out of the car, he said, "It's your fault! You cut me off!" Being the calm person she is, she didn't argue and said, "I'm sorry." Under Texas law, 99% of the time you are the guilty party if you hit someone from behind. After my little sister contacted his insurance, they told her that they were fighting liability because their client (the guy who rear ended her) had a recorded conversation between them where she apologized for cutting him off. He never told her he was recording the conversation, so can that be used??
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