A day or two after a car accident, your phone rings. It is a friendly adjuster from the other driver’s insurance company asking how you are and whether you can “just answer a few questions.” It can feel rude to say no, especially if the crash was clearly not your fault. But what you say in that call can affect how much you are paid, or whether you are paid at all.
This guide explains what the adjuster wants, what you should and should not say, and when to let a lawyer take over. If you have just been in a crash, start with our checklist on what to do after a car accident that wasn’t your fault.
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Key Takeaways
- You generally do not have to give the other driver’s insurer a statement.
- Give only basic facts: your name, contact details, date and location of the crash, and your insurance information.
- Do not give a recorded statement, speculate about fault, or discuss your injuries in detail.
- Never accept a settlement or sign a release until you know the full extent of your injuries.
Who Is the Adjuster Working For?
An insurance adjuster from the other driver’s company works for that company, not for you. Their job is to investigate the claim and resolve it for as little as reasonably possible. Adjusters are trained, experienced negotiators. Many are polite and professional, but their questions are designed to gather information that can limit what the company pays.
Your own insurer is different. Your policy is a contract that usually requires you to report accidents promptly and cooperate with the investigation. You should notify your own insurer, though you still should be careful and accurate in what you say.
What the Other Insurer Is Looking For
- An admission of fault: even a casual “I didn’t see them until the last second” can be used to argue you share the blame.
- Statements that minimize injuries: “I’m fine” or “just a little sore” can be quoted later if your injuries turn out to be serious.
- Inconsistencies: small differences between your statement and the police report can be used to question your credibility.
- Medical history: evidence of prior injuries they can blame for your current pain.
- A quick, cheap settlement: before you understand what your claim is really worth.
What You Can Safely Share
It is reasonable to give the other insurer basic, factual information so they can open a claim:
- Your name, phone number and address.
- The date, time and location of the accident.
- Your vehicle information and your insurance company’s name.
- The police report number.
- Photos of the vehicle damage, if you choose to share them.
What Not to Say or Do
1. Do not give a recorded statement
Adjusters often ask to record the call “for accuracy.” A recorded statement locks you into an account given while you may still be shaken, on pain medication, or unaware of the full extent of your injuries. You can politely decline: “I’m not comfortable giving a recorded statement right now. I can provide the police report and other documents.”
2. Do not guess or speculate
If you do not know how fast you were going, how far away the other car was, or exactly what happened, say so. Guesses can be turned into facts that hurt your claim.
3. Do not apologize or discuss fault
Saying “sorry” is a natural reaction, but it can be framed as an admission. Leave fault to the evidence: the police report, photos, witnesses and vehicle damage.
4. Do not describe your injuries in detail too early
Many crash injuries, such as whiplash or concussions, develop over days. If asked how you are, say something like, “I’m getting medical treatment and don’t know the full extent of my injuries yet.”
5. Do not sign broad medical releases
A blanket authorization may allow the insurer to review years of your medical history. If you choose to share records, limit them to treatment related to the accident.
6. Do not accept the first offer
Early offers sometimes arrive within days, before you have finished treatment. Once you accept and sign a release, you usually cannot reopen the claim, even if you later need surgery.
7. Do not post about the crash online
Adjusters may check your social media. Photos or comments can be taken out of context to argue that you are not really hurt.
Common Adjuster Tactics
| What you might hear | What it may mean |
|---|---|
| “We just need your side of the story on tape.” | They want a recorded statement to use later. |
| “This offer is only good until Friday.” | Pressure to settle before you understand your losses. |
| “You don’t need a lawyer; they’ll just take a third.” | Represented claimants often receive larger settlements. |
| “Your injuries seem minor based on the damage.” | An argument that low-speed crashes cannot cause injury. |
| “Sign this so we can get your bills paid.” | It may be a release or a broad medical authorization. |
How to Handle the Call: A Simple Script
“Thanks for calling. I can confirm my contact information, the date and location of the accident, and the police report number. I’m still receiving medical treatment, so I’m not ready to discuss my injuries or settlement, and I won’t be giving a recorded statement. Please send any requests in writing.”
After the call, write down the adjuster’s name, phone number, claim number and what was discussed. Keep all communication in writing when possible.
What If Your Own Insurer Wants a Statement?
Your own policy likely requires you to cooperate, which can include giving a statement. Be truthful and stick to facts you know. If you are injured and may have a claim under your own uninsured or underinsured motorist coverage, your insurer may become your opponent on that part of the claim, so it is still wise to be careful and consider legal advice.
When to Hand Communication to a Lawyer
Consider letting a lawyer handle insurer communication if:
- You were injured and needed medical treatment beyond a single visit.
- Fault is disputed or the insurer suggests you were partly to blame.
- The insurer is delaying, denying or offering far less than your bills.
- A commercial vehicle, rideshare driver or government vehicle was involved.
Once you hire a lawyer, the insurer must communicate with your lawyer instead of you. Most personal injury lawyers offer free consultations. Learn more about what a car accident lawyer does.
Bottom Line
You can be polite without giving away your claim. Share basic facts, decline a recorded statement, avoid discussing fault or injuries, and never sign anything until you understand your full losses. When the stakes are high, let an experienced lawyer handle the conversation.
Frequently Asked Questions
Am I legally required to talk to the other driver’s insurer?
No. You usually have no legal duty to give the other driver’s insurer a statement. Your own policy, however, normally requires you to cooperate with your own insurance company.
Can I refuse a recorded statement?
Yes. You can politely decline to give a recorded statement to the at-fault driver’s insurer and offer to provide written information or have your lawyer communicate instead.
What if the adjuster says they need a statement to process my claim?
The insurer can investigate using the police report, photos, repair estimates and medical records. If they insist, consider speaking with a lawyer before agreeing, especially if you were injured.
Should I sign a medical authorization form?
Be careful. A broad authorization can give the insurer access to your entire medical history, which they may use to blame old conditions. Ask to limit it to records related to the accident.
Official Resources
Laws change and vary by state. These official sources are good places to check the current rules:
- Insurance Information Institute
- Road safety and crash information (NHTSA)
- Find free legal aid near you (Legal Services Corporation)
Written by
Emam Hasan is the founder and editor of LawyerInfos. He is a digital marketer, content writer and English teacher based in Dhaka, Bangladesh, who researches legal topics from official sources and turns them into clear, plain-English guides. He is not a lawyer.