After a car accident, your mind is likely racing with a dozen different concerns, from your physical well-being to the damage to your vehicle. Soon after, you will probably receive a phone call from an insurance adjuster. They may sound friendly, understanding, and eager to help you resolve your claim quickly. While their tone might be reassuring, it’s important to remember their primary role is to protect their company’s financial interests. Speaking with a personal injury lawyer before giving a statement can help you avoid common pitfalls, as knowing what not to say to your insurance company can be one of the most crucial factors in protecting your rights and securing fair compensation for your injuries and losses.
The conversation you have with an adjuster is more than just a casual chat; it’s a critical step in the claims process where your words can be carefully documented and potentially used to devalue or deny your claim. Understanding how to communicate effectively and cautiously is essential.
Key Takeaways about What Not to Say to Your Insurance Company
- An insurance adjuster’s main objective is to settle claims for the lowest possible amount on behalf of their employer.
- Certain common phrases, like apologies or speculative statements, can be misinterpreted as an admission of fault.
- Individuals should avoid giving a recorded statement to an insurance company without first seeking guidance.
- Statements that downplay injuries, such as “I’m fine,” can severely limit a person’s ability to receive compensation for medical care later on.
- It is vital to stick to the basic, verifiable facts of the incident and avoid offering extra details about one’s day or personal life.
- Accepting the first settlement offer is often not in the claimant’s best interest, as it may not cover the full extent of their damages.
The Adjuster’s Role: A Service to You or Their Company?
It’s natural to assume that an insurance adjuster is there to help you. After all, that’s why we have insurance. However, there is a fundamental conflict of interest at play, especially when you are dealing with the other party’s insurance provider. Their job is to investigate the claim and determine how to resolve it for the least amount of money possible.
They are trained negotiators and investigators. Every question they ask is designed to gather specific information that can be used to assess liability and damages from their company’s perspective. A seemingly innocent question about how your day was going before the collision could be a way to find out if you were distracted or in a hurry. A friendly inquiry about your health might be an attempt to get you to say you feel “fine.”
Because their goals are not aligned with yours, it’s wise to approach these conversations with a clear and careful strategy.
Phrases and Statements to Avoid When Speaking with an Insurance Adjuster
The path to a fair settlement is paved with careful communication. Certain statements can unintentionally harm your claim. Here are some of the most common verbal missteps to avoid.
Admitting Fault in Any Way
In the stress of the moment, it’s human nature to be polite or apologetic. However, phrases that sound like an admission of fault can be devastating to your claim.
- “I’m so sorry this happened.”
- “I didn’t see the other car.”
- “I might have been looking at my phone.”
Even a simple “I’m sorry” can be twisted by an adjuster to mean, “I’m sorry because I caused this.” Fault is a legal conclusion that is determined after a full investigation of all the evidence, including police reports, witness statements, and accident reconstruction. Let the facts speak for themselves and avoid making any statements that accept blame.
Speculating About What Happened
If you don’t know something for certain, do not guess. Insurance adjusters will press for details about speed, timing, and specific actions. If you aren’t 100% sure, it’s better to say you don’t recall than to provide an inaccurate guess.
Avoid statements like:
- “I guess I was going around the speed limit.”
- “Maybe they ran the red light.”
- “I think I had the right of way.”
Speculation can create inconsistencies in your story that can later be used to question your credibility. Stick only to the facts you know for sure. If you don’t know the answer to a question, it is perfectly acceptable to say so.
Downplaying Your Injuries
Immediately after a collision, adrenaline can mask pain. You might feel shaken but believe you are unhurt. Many serious injuries, particularly soft tissue damage or traumatic brain injuries (TBIs), have delayed symptoms that may not appear for hours or even days.
Saying “I’m fine,” “I’m not hurt,” or “It’s just a little soreness” can be used against you later if you need to seek medical treatment. The adjuster will note your initial statement and argue that your subsequent medical issues couldn’t have resulted from the accident. The best response is to state that you are not yet sure about the full extent of your injuries and that you plan to see a doctor.
Agreeing to a Recorded Statement
An adjuster will often ask for a recorded statement early in the process, presenting it as a standard procedure. You are not legally obligated to provide a recorded statement to the other driver’s insurance company. These recordings are a tool for the insurer. They can be used to lock you into a story before you know all the facts or to find small contradictions between the recording and anything else you say later.
Consider these risks before agreeing:
- Leading Questions: Adjusters are trained to ask questions in a way that might lead you to give an answer that benefits them.
- Lack of Context: A short clip of your words can be taken out of context to misrepresent what you meant.
- Pressure and Stress: Giving a statement under pressure, while you are still recovering, can lead to mistakes or omissions.
It is always wise to politely decline to give a recorded statement until you have had the opportunity to consult with a legal professional. You can simply say, “I am not prepared to give a recorded statement at this time.”
Accepting the First Settlement Offer
If the other party was clearly at fault, their insurer might contact you quickly with a settlement offer. This may seem like great news—a fast check without any hassle. However, this first offer is almost always lower than the true value of your claim. It’s a tactic used to close the case quickly and cheaply before you understand the full scope of your damages. This includes future medical bills, lost wages if you can’t work, and the full cost of repairing or replacing your vehicle. Never accept an offer until your doctors have confirmed you have reached maximum medical improvement and you have a clear picture of all your economic and non-economic losses.
What You Should Say to an Insurance Company
Knowing what to avoid is half the battle. The other half is knowing what information is safe and necessary to provide. When you speak to an adjuster, you can protect yourself by keeping the conversation brief and factual.
Here is a short list of what is generally safe to share:
- Your full name and contact information.
- The date, time, and location of the incident.
- The type of incident that occurred (e.g., a “car collision”).
- The names and contact information of any known witnesses.
Beyond these basics, you can control the conversation by providing simple, direct answers and deferring more complex questions. You can state that the accident is still under investigation and that you will be seeking medical attention. If they press for more details, you can politely end the call and let them know you will get back to them.
Why Your Words Matter So Much
The reason every word matters is tied to legal principles like comparative negligence. In Oklahoma, the law follows a modified comparative fault rule. Under this rule, you can recover damages as long as your percentage of fault is not greater than the fault of the other parties involved. However, your total compensation will be reduced by your percentage of fault. If you are found to be 20% at fault for a collision at a busy intersection like the I-44 and I-235 interchange in Oklahoma City, your final award will be reduced by 20%.
An insurance adjuster knows this. An innocent comment like, “I was adjusting the radio right before it happened,” could be used to argue you were distracted and partially to blame, thereby reducing the amount their company has to pay. This is why sticking to the facts and avoiding casual conversation is so critical.
The Difference Between Your Insurer and the Other Driver’s Insurer
It is important to understand that you will likely deal with two insurance companies: your own and the at-fault driver’s. While both want to minimize costs, your relationship with each is different.
- Your Insurance Company: You have a contract (your policy) with your own insurer. They owe you a duty of “good faith and fair dealing.” This means they must treat you fairly and handle your claim honestly. However, they are still a business, and disagreements can arise over the value of a claim.
- The Other Driver’s Insurance Company: This company, often called a third-party insurer, owes you no such duty. Their only legal obligation is to their own policyholder and their own shareholders. Their goal is to pay you as little as possible, and they will use any legally permissible tactic to achieve that goal.
Because the other driver’s insurer has no duty to protect your interests, you should be especially cautious in all communications with their representatives.
FAQs for What Not to Say to Your Insurance Company
Here are answers to some common questions about communicating with insurance companies after an accident.
Should I sign a medical release form for the insurance company?
You should be very cautious before signing a broad medical authorization form. These documents often give the insurance company access to your entire medical history, not just the records related to the accident. They may search for pre-existing conditions or past injuries to argue that your current medical problems are not a result of the collision. It is better to provide only the specific medical records relevant to your claim.
What if the adjuster is pressuring me to settle quickly?
High-pressure tactics are a red flag. An adjuster who pushes you to accept a settlement quickly is likely doing so because they know the offer is low and they want to close the case before you realize it. You have the right to take your time, get medical treatment, and understand the full value of your claim. Do not give in to pressure to make a decision on the spot.
Do I have to talk to the other driver’s insurance company at all?
While you will need to report the accident to your own insurer, you are not obligated to give a detailed or recorded statement to the at-fault party’s insurance company. You can provide basic information and then state that any further communication should go through your legal representative. This protects you from saying something that could be used against you.
Is it okay to post about my accident on social media?
It is highly recommended that you do not post anything about your accident or your injuries on social media. Insurance companies actively search Facebook, Instagram, and other platforms for evidence they can use. A photo of you at a family barbecue in Tulsa could be used to argue that your injuries are not as severe as you claim, even if you were in significant pain. It is safest to refrain from posting until your case is fully resolved.
What happens if I already said something I shouldn’t have?
Many people make mistakes in their initial conversations with an adjuster. If you believe you have already said something that could hurt your claim, the most important step is to stop further communication. Do not try to correct the record yourself, as this can sometimes make things worse. Instead, consider seeking guidance from a car accident attorney who can assess the situation and take over communications on your behalf.
Carr & Carr Injury Attorneys Can Speak for You
Handling communications with insurance companies can be a difficult and stressful process, especially when you are trying to recover from an injury. You do not have to face it by yourself. The attorneys at Carr & Carr have been helping injury victims in Oklahoma City, Tulsa, and across the region since 1973.
Our team can handle all communication with the insurance companies for you. We will make sure your rights are protected, investigate your case thoroughly, and work to secure the full and fair compensation you deserve. We operate on a contingency fee basis, which means you pay us nothing unless we win your case. Contact us today for a free, no-obligation consultation to discuss your situation and learn how we can help.
