What to Say (and What Not to Say) to an Insurance Adjuster After a California Car Accident

Why the insurance adjuster calls so quickly after a crash

After a car accident you may hear from an insurance adjuster within a day or two, sometimes the same day. It helps to understand the adjuster’s job before you pick up. An adjuster works for the insurance company, and the company’s goal is to resolve your claim for as little as possible. A friendly early phone call is not a courtesy. It is a chance to collect statements and details that can be used to reduce or deny your claim before you even know how badly you are hurt. Going in with that understanding changes how you handle every conversation that follows.

What not to say to an insurance adjuster

A few common statements can quietly weaken a strong claim:

• Do not admit fault or apologize. Even a reflexive “I’m sorry” can be treated as an admission.
• Do not say you are “fine” or “okay.” Many injuries, including whiplash and other soft-tissue and head injuries, do not show up until days later.
• Do not guess or speculate about speeds, distances, or what the other driver did. If you are not certain, say you are not certain.
• Do not give a detailed account of your injuries before a doctor has examined you.
• Do not accept the first settlement offer or agree to a recorded statement on the spot.

What you should say instead

You do need to exchange basic information, but you can keep it brief and factual. Stick to the date, time, and location of the crash, the vehicles involved, and your contact and policy details. For anything beyond the basics, it is perfectly acceptable to say you are still gathering information or that your attorney will follow up. Polite and short protects you far better than detailed and helpful.

Recorded statements and the other driver’s insurance company

Two questions come up constantly. First, should you give a recorded statement? Generally no, at least not before you speak with a lawyer. The other driver’s insurer is not entitled to a recorded statement from you, and anything you say can be replayed later to pick apart your account. You are allowed to decline. Second, do you even have to talk to the other driver’s insurance company? You are not obligated to. You must cooperate with your own insurer under your policy, but you have no duty to give the at-fault driver’s insurer a statement. This becomes even more important when the other driver turns out to be uninsured or underinsured, where your own coverage may have to step in.

How to handle a lowball settlement offer

Early settlement offers are often low on purpose, extended before anyone knows whether your injuries will need months of treatment. You are not required to accept the first offer, or any offer. A fair figure accounts for all of your medical care, including future treatment, your lost income, and your pain and suffering. Once you accept and sign a release, the claim is closed for good, so the time to get the number right is before you sign, not after. An experienced car accident attorney can document the full value of your claim and negotiate from a much stronger position than you can alone.

Frequently asked questions about dealing with an insurance adjuster

These answers focus on dealing with insurance adjusters after a California car accident. For broader questions about the claim process and how fault is determined, visit our homepage.

What should you not say to an insurance adjuster?

Avoid admitting fault, apologizing, saying you are “fine,” speculating about how the crash happened, or describing your injuries in detail before a doctor has evaluated you. Each of these can be used to reduce or deny your claim.

Should I give a recorded statement to the insurance adjuster?

Generally no, especially to the other driver’s insurer and especially before speaking with a lawyer. You are not required to give a recorded statement to the at-fault party’s insurance company, and the recording can later be used to challenge your account.

Do I have to talk to the other driver’s insurance company?

No. You must cooperate with your own insurer under your policy, but you have no obligation to give a statement to the other driver’s insurance company. You can refer their questions to your attorney.

How long does an insurance adjuster have to contact you?

Under California’s Fair Claims Settlement Practices Regulations, an insurer generally must acknowledge a claim within 15 calendar days and then respond within a reasonable time after receiving proof of the claim. If an adjuster goes silent for long stretches, that can itself be a problem worth raising with an attorney.

Do I have to accept the insurance adjuster’s offer?

No. You are not required to accept the first offer or any offer. You can negotiate, and if the insurer will not pay a fair amount, you can pursue the claim further with the help of a lawyer.

What does an insurance adjuster do?

An insurance adjuster investigates a claim, reviews the evidence and medical records, assigns a value, and negotiates the payout on behalf of the insurance company. Their role is to protect the insurer’s bottom line, which is why their interests are not the same as yours.

Talk to a lawyer before you talk to the adjuster

The first call from an adjuster can shape your entire claim, and once you have given a statement or signed a release, it is difficult to undo. Before you talk to the insurance company, talk to Novik Law Group. Call (818) 305-6041 for a free case review. There is no fee unless we recover for you.