A day or two after a crash, your phone rings. It is an adjuster from the other driver's insurance company. They are polite, they say they want to "get your side of the story," and they may even mention a quick payment.
Should you talk to them? This guide explains what the adjuster is doing, what you can safely say and what to avoid.
Who is the other driver's insurance adjuster?
The adjuster works for the at-fault driver's insurance company. Their job is to investigate the claim and resolve it for as little as the company can reasonably pay. That does not make them dishonest — but it does mean they are not on your side.
Many adjusters are friendly and professional. Friendly is not the same as neutral. Everything you say can be used to evaluate — and sometimes reduce — your claim.
Do I have to talk to them at all?
You can give basic facts, but you are generally not required to do more. It is reasonable to confirm:
- Your name and contact information
- The date, time and location of the crash
- The names of the drivers involved
- That you are getting medical care
You can then say something like: "I'm still getting treatment and I'm not ready to discuss the details. Please send any requests in writing."
Should I give a recorded statement?
Usually, it is best to wait. You are generally not legally required to give a recorded statement to the other driver's insurer. Recorded statements are a common source of problems because:
- You may not yet know how badly you are hurt
- Questions can be phrased to get a "yes" that sounds like fault
- Small inconsistencies can be used later to question your account
- Saying "I'm okay" or "I'm feeling better" can be used to minimize injuries
Note that your own policy may require you to cooperate with your own insurer. That is a different situation.
Should I sign a medical release?
Be very careful. Adjusters sometimes send a broad authorization that lets them collect your entire medical history — not just records related to the crash. They may look for old injuries to argue the crash did not cause your pain. Many people let an attorney decide which records to share.
What should I avoid saying?
Avoid statements that sound like fault or downplay injuries.
- "I'm sorry" or "I didn't see them"
- "I'm fine" or "It's not that bad"
- Guesses about speed, distance or timing
- Opinions about what the other driver was doing
- Details about prior injuries or medical history
Stick to facts you know for certain.
What if they offer me money right away?
A quick offer is not always a fair offer. Early offers often arrive before you know the full extent of your injuries or how much treatment you will need. If you accept, you will usually sign a release that ends your right to ask for more — even if your injury turns out to be serious.
Before accepting any offer, consider:
- Have you finished treatment, or does your doctor expect more?
- Have you missed work, and will you miss more?
- Does the offer cover your medical bills, lost wages and pain?
- Did you read every word of the release?
Learn more about how long settlements usually take.
How can I protect myself on these calls?
A few habits make a big difference:
- Keep calls short and polite.
- Take notes: the adjuster's name, phone number, claim number and what was said.
- Ask for requests in writing.
- Don't agree to anything on the phone.
- Don't post about the crash on social media — adjusters may look.
What about my own insurance company?
Report the crash to your own insurer promptly. Your policy likely requires it. Your insurer may cover your car repairs, your PIP or MedPay, and uninsured motorist claims. But your insurer generally does not represent you in an injury claim against the other driver. And in an uninsured motorist claim, your own insurer can take a position against you. Read hit by an uninsured driver? for more.
When should I talk to a lawyer instead?
If you were hurt, before you give a statement or sign anything. Once you hire an attorney, they can usually handle communication with insurers for you. That is especially helpful if fault is disputed, your injuries are serious or a commercial vehicle was involved.
Many attorneys offer free consultations and work on contingency. Read how contingency fees work, check our car accident checklist, or start a free case review.