Within a day or two of a crash the other driver’s insurance company calls. The adjuster is friendly, says they need your side of the story, and asks to record the call.
The short answer: you are generally not required to give a recorded statement to the other party’s insurer, and doing so before you have spoken with an attorney rarely helps you.
Why they want it
The recording is taken early, on purpose. At that point you may not know the full extent of your injuries, you have not seen the police report, and you may still be in shock. Anything you say is locked in and can be used later to argue that your injuries developed differently than you described, or that you accepted some blame.
The questions that cause problems
“How are you feeling today?” The natural answer is “I’m okay.” That answer will be quoted back if you are later diagnosed with a serious injury. Adrenaline masks symptoms, and head injuries in particular often do not present for days.
“Can you describe exactly what happened?” Precise speed and distance estimates are asked for because they are almost always wrong, and the inconsistency gets used later.
“Were you distracted at all?” Aimed at comparative fault. Any percentage of fault assigned to you reduces your recovery.
“Have you had any injuries before?” Aimed at attributing your condition to something pre-existing.
Your own insurer is different
This is the distinction that matters. Your own policy generally includes a duty to cooperate with your insurance company, which can include giving a statement, particularly on an uninsured or underinsured motorist claim. That is a contractual obligation and refusing can jeopardize your own coverage.
The other driver’s insurer has no such claim on your cooperation. Tell your attorney before giving any statement to anyone, so the distinction is handled correctly.
What to say when they call
You do not need to be rude or evasive. Something like this is enough:
“I am not giving a recorded statement. You can direct questions to my attorney.”
Provide your name, confirm you were involved, and give your attorney’s contact information. Nothing more is required.
If you already gave one
It is not fatal. People give statements before they think to call a lawyer and cases proceed successfully all the time. Tell your attorney immediately and precisely what you said, including anything you are worried about. A statement that is known about can be worked with. A surprise in the middle of negotiation is much harder.
The other requests to be careful with
- A blanket medical authorization. This can open your entire medical history rather than the treatment related to this crash.
- A quick settlement check offered before you know your diagnosis. Cashing it typically ends the claim.
- A release presented as routine paperwork.
If an adjuster has contacted you, call (213) 800-0706 before responding. We handle claims throughout California, including Burbank and the San Fernando Valley.
Why they call so quickly
The speed is deliberate. In the first 48 hours you are least equipped to describe an injury accurately, because adrenaline suppresses pain and because many injuries have not presented yet. Soft tissue injuries commonly worsen over several days. Concussion symptoms frequently appear later. A statement taken in that window captures your least informed account and preserves it permanently.
The adjuster is also friendly, and that is not an act of deception so much as good training. Being pleasant is not the same as being on your side.
What you are actually required to do
Reporting obligations are separate from giving a statement. Depending on the circumstances, you may have obligations to report a collision to the DMV or to law enforcement, and your own policy generally requires you to notify your insurer promptly. None of that requires you to submit to a recorded interview by the other side’s carrier.
You are also not required to sign a blanket medical authorization for the other insurer, agree to a recorded examination, or accept a settlement before you know your diagnosis.
The one thing worth doing right away
Write down what you remember while it is fresh, for yourself and your attorney. Not for the adjuster. Direction of travel, positions, light color, weather, what was said, who stopped, what hurt and when it started. Memory degrades quickly, and a contemporaneous note you wrote for your own file is far more useful than trying to reconstruct details months later.
Then photograph everything: the vehicles, the scene, the intersection, and your visible injuries as they develop over the following days.
About the author. Joshua B. Adelpour is the founder of Not My Fault Law Group, APC, a California personal injury firm based in Woodland Hills. He is licensed by the State Bar of California, Bar No. 318226, and spent nearly a decade defending insurance companies in civil litigation before opening the firm. Call (213) 800-0706 for a free consultation. There are no attorney’s fees unless we win.
This article is general information about California law and is not legal advice. Reading it does not create an attorney client relationship. Every case depends on its own facts.
The recorded statement is one of several moves the other carrier makes early. Our guide for drivers who were not at fault covers the rest of the sequence.
Frequently Asked Questions
Do I have to give the other driver's insurance company a recorded statement?
Generally no. You are not obligated to give a recorded statement to the other party's insurer. Your own policy is different and may include a duty to cooperate with your own insurance company.
What should I say when an adjuster calls?
Confirm your name and that you were involved, decline to give a recorded statement, and refer them to your attorney. You do not need to explain further.
I already gave a recorded statement. Did I ruin my case?
Usually not. Tell your attorney exactly what you said as soon as possible. A statement your attorney knows about can be addressed. One that surfaces unexpectedly during negotiation is much harder to handle.