After a car accident, it might seem harmless to pick up the phone when the other driver’s insurance company calls. You might assume they just want your side of the story. But that call could affect your entire personal injury claim.
Insurance adjusters are not your allies. Their job is to protect their company’s bottom line, not your financial recovery. Even a few innocent words can be twisted into something that reduces or denies your compensation.
In this guide, you’ll learn:
- What happens when the other driver’s insurer contacts you
- Why speaking to them can hurt your claim
- Your legal rights under California law
- What steps to take instead—and when (if ever) it’s okay to talk
If you’ve been in a crash, pause before you speak. The right legal guidance can mean the difference between a fair settlement and a costly mistake.
What Happens When the Other Driver’s Insurance Contacts You
After an auto accident, the other driver’s insurer often calls quickly, sometimes within hours, to gather “facts.”
Here’s what usually happens:
- They request a recorded statement. Adjusters often ask if they can “record your side” to verify details.
- They sound friendly and professional. This is intentional; they want you to relax and share information freely.
- They start probing for details. They’ll ask how the crash happened, if you’re hurt, and whether you’ve seen a doctor.
But remember, every word you say can and will be used against you. According to the Insurance Information Institute (Triple-I), U.S. personal and commercial auto insurer liability claim payouts were $96 billion to $105 billion higher between 2013 and 2022 due to rising social and economic inflation. Insurers are constantly looking for ways to reduce claim costs and one way is by limiting or disputing victim statements.
Why Talking to the Other Driver’s Insurance Can Hurt Your Claim
Speaking with the other driver’s insurance might feel like the responsible thing to do, but it can backfire fast.
1. You Might Accidentally Admit Fault
Even casual comments like “I didn’t see them coming” or “I’m sorry” can be interpreted as admissions of liability. Under California’s comparative negligence rule (Civil Code §1714), even a small percentage of fault can significantly reduce your compensation.
2. They Can Twist or Cherry-Pick Your Words
Insurance adjusters are trained negotiators. They may take statements out of context during settlement discussions to make your injuries sound minor or your account unreliable.
3. It Limits Your Attorney’s Control
Once you’ve spoken, your lawyer has less room to manage the narrative. The insurer can later reference your recorded words to challenge your claim.
Example: Saying “I’m fine” on the phone, even when you’re in shock, can later be used as proof that you weren’t injured, even if you develop pain days later.
Before saying a word, talk to a professional. Schedule a free consultation with Court House Lawyers and let us handle the insurers for you.
Your Rights After a California Car Accident
Many drivers don’t realize they have no legal obligation to talk to the other driver’s insurance company after an accident.
Here’s what California law says:
- You’re not required to speak to them. You only have to cooperate with your own insurance provider.
- You can direct all communication to your attorney. Lawyers are skilled at preventing missteps and ensuring fair treatment.
- You can take your time. Don’t rush to give statements or accept settlements until you understand the full scope of your injuries and losses.
Many victims of auto accidents faced aggressive early settlement offers—often before knowing their medical prognosis. Early payouts save insurers money, but they rarely cover long-term costs like therapy, lost income, or chronic pain.
If you’ve been approached by an insurance adjuster, contact a California car accident lawyer before responding. Your peace of mind and your payout depend on it.
What to Do Instead of Speaking to the Other Driver’s Insurer
If the other driver’s insurance calls, stay calm, polite, and strategic.
1. Politely Decline the Conversation
You can say:
“I’m not comfortable discussing this without my attorney present. Please contact my lawyer directly.”
If you don’t yet have a lawyer, you can simply refuse and note their contact information.
2. Gather and Protect Your Own Evidence
Collect your own documentation before sharing anything:
- Photos and videos of the crash scene
- Medical reports and bills
- Repair estimates and police reports
- Witness contact information
Learn how to stay organized with our California Car Accident Checklist.
3. Contact a Lawyer to Handle All Communication
Attorneys can speak directly with insurers, draft official statements, and ensure that your rights are fully protected. This not only reduces stress, but it also increases your chances of receiving a fair settlement.
When You Might Talk to Them — But With Caution
There are rare cases where limited communication is acceptable.
If your auto accident involves only property damage (like a dented bumper) and no injuries, you might choose to speak with the insurer for efficiency. However, always follow these rules:
- Keep your responses short and factual.
- Never agree to a recorded statement without legal guidance.
- Avoid discussing pain, treatment, or financial losses.
Even minor crashes can lead to delayed symptoms such as whiplash or concussion. That’s why it’s still best to get a brief legal consultation before talking to any insurer.
Not sure what to say? Court House Lawyers offers free consultations to review your case and tell you exactly how to handle insurer calls.
Conclusion: Protect Yourself Before You Speak
No matter how polite or helpful they seem, the other driver’s insurance company is not on your side. Their goal is to save money, not protect your recovery.
You’ve already been through enough after your accident. Don’t let an insurance call put your claim at risk. Let a skilled attorney handle the pressure while you focus on healing.
Contact us today for a free legal consultation. We’ll deal with the insurance companies so you don’t have to—and ensure your rights, recovery, and peace of mind come first.
