What to Know Before Talking to the Insurance Company After an Accident

Within days of your accident — sometimes within hours — you’ll get a call from the other driver’s insurance company. The adjuster will sound friendly, sympathetic, and helpful. They may tell you they just want to “get your side of the story” and “get this resolved quickly.”

Don’t be fooled. That adjuster’s job is to minimize what the insurance company pays you. Everything they do in that phone call is designed to accomplish that goal.

What the Adjuster Is Really Doing

Getting a recorded statement. They’ll ask if it’s okay to record the call “for quality purposes.” What they’re actually doing is creating a record they can use against you later. Any inconsistency between what you say on that call and what you say later becomes ammunition to attack your credibility.

Getting you to minimize your injuries. “How are you feeling today?” If you say “I’m doing okay” — because that’s what polite people say — they’ll use that statement to argue you weren’t seriously hurt. They ask this early, before you’ve fully understood the extent of your injuries.

Getting you to admit partial fault. “Can you walk me through what happened?” They’re listening for anything — “I didn’t see them until the last second” or “maybe I was going a little fast” — that they can use to pin comparative fault on you and reduce your recovery.

Offering a quick settlement. They may offer you a check within days. It will seem generous when you’re stressed and facing mounting bills. But it will be a fraction of what your claim is actually worth — especially if you don’t yet know the full extent of your injuries, future medical needs, and pain and suffering.

What You Should Do Instead

You are not legally required to give a recorded statement to the other driver’s insurance company. Politely decline. Give them only the basics — your name, contact information, and the date and location of the accident. Then say: “I’ve retained an attorney who will be in contact with you.”

Even if you haven’t hired an attorney yet, that statement changes the dynamic entirely. The adjuster knows the conversation is over and future communications will go through counsel.

For the full list of dos and don’ts, see our accident checklist.

Your Own Insurance Company Isn’t Your Friend Either

If you’re filing a UIM claim against your own insurer, the dynamic is the same. Your insurance company is now the one writing the check, and they’ll use the same tactics to minimize what they pay.

The Law Badgers handle all insurance communications on behalf of our clients. That’s one of the primary reasons to hire an attorney — we know exactly what the adjusters are doing because we’ve dealt with them thousands of times.