Two insurance companies, two different conversations
Your own insurer. Your policy is a contract, and it almost always requires you to report the accident promptly and cooperate. Give them the basic facts. If you have medical payments coverage or collision coverage, this is who pays it.
The other driver’s insurer. You have no contract with them, and no law requires you to give them a recorded statement. Their adjuster’s job is to close the claim for as little as the facts allow. Being polite is fine. Being helpful to their file is not your job.
Your own insurer
- You have a contract with them
- Report the crash promptly
- Cooperate as your policy requires
- Pays your own coverages, like collision and med-pay
The other driver’s insurer
- No contract with you
- No legal duty to give them a recorded statement
- Their job is to close the claim for less
- Refer them to your lawyer
Why recorded statements hurt claims
A recorded statement is taken early, often while you are still in pain, on medication, or unsure what happened. The questions are designed to lock in answers that can be used later:
- “How are you feeling today?” “Fine, thanks” becomes evidence that you were not hurt.
- “How fast were you going?” A guess becomes an admission of speeding.
- “Did you see the other car before the impact?” “Yes” can be framed as a chance to avoid it.
- “Have you ever hurt your neck or back before?” A years-old sprain becomes a “pre-existing condition.”
You can say: “I’m not going to give a recorded statement. Please send any requests to my attorney.” If you do not have a lawyer yet: “I’m not ready to give a statement. You can send me your questions in writing.”
What is safe to share
- Your name and contact information
- The date, time, and location of the crash
- Your vehicle, and where it can be inspected
- Your insurance company and claim number
What to leave out: descriptions of your injuries, guesses about fault or speed, your medical history, and anything about what you posted online.
Medical authorizations
Adjusters often send a form authorizing them to collect your medical records. A blanket authorization can open your entire medical history, not just records related to the crash. Your lawyer can provide the relevant records instead.
Early offers and releases
A fast offer can feel like relief, especially with bills arriving. But early offers are usually made before your treatment is finished and before anyone has priced future care or lost income. Accepting almost always means signing a release, and a signed release usually ends your injury claim for good. If you only cashed a check for property damage, your injury claim is often still open, but check the paperwork before you sign anything.
When the other driver has no insurance
If the at-fault driver is uninsured, your claim may be against your own uninsured motorist coverage. That is still your own insurer, but on that claim its interests are adverse to yours. California gives you two years from the accident to sue the uninsured driver, reach agreement with your insurer, or formally start arbitration by certified mail (Insurance Code 11580.2(i)).
Related: the first 72 hours after a crash · if you were uninsured