A day or two after a wreck, your phone rings. It's a friendly adjuster from the other driver's insurance company. They're sorry about the accident and just need to "get your side of the story" on a recorded line.
Before I represented injured people, I spent years defending insurance companies and their policyholders. I've read a lot of these statements. Here's what you should know before you agree to one.
You don't have to give one
You have no legal duty to give the other driver's insurer a recorded statement. Saying no won't hurt your claim. The adjuster can get the facts from the police report, photos and your medical records, the same as everyone else.
What the statement is really for
The adjuster's job is to pay as little as possible on the claim. That doesn't make them bad people, but it does mean the call isn't a favor to you. A recorded statement gives them your own words, on tape, to use later. The questions that sound routine are often the ones that matter most:
"How are you feeling today?" "I'm okay" or "a little sore" gets quoted months later, when you're in physical therapy.
"How fast were you going?" Any guess becomes your admission, even if the other driver ran the light.
"Have you ever hurt your back before?" An honest answer about an old injury becomes their argument that the crash didn't cause your pain.
"Did you see the other car before impact?" A yes or a no can each be framed as you not paying attention.
None of this requires lying or tricks. It's just how a recorded statement gets used in a claim file.
Your own insurance company is different
Your own policy usually requires you to cooperate with your insurer, including on an uninsured motorist claim. Don't refuse them. But it's still smart to talk to a lawyer first, so you give the facts clearly and don't guess.
What to say instead
Keep it polite and short: "I'm not giving a recorded statement. Please send any requests in writing." If you have a lawyer, give the adjuster their name and phone number and stop there.
Also watch for forms. Don't sign a medical authorization that opens your whole medical history, and never sign a release or cash a settlement check before you know the full extent of your injuries. Once you sign a release, the claim is usually over.
Bottom line
An adjuster's first call is the start of their case, not a courtesy. If you've already given a statement, don't panic. Tell your lawyer exactly what you said so they can plan around it.
Got a call from an adjuster? Talk to us first. Call (770) 376-5314 for a free case review.
This post is general information, not legal advice, and reading it doesn't create an attorney-client relationship.
