Short answer: In California, you are generally not required to give the other driver’s insurance company a recorded statement. You should report the crash to your own insurer as your policy requires, but think carefully before discussing fault, your injuries or a settlement with the other side’s adjuster.
Shortly after a crash, an adjuster from the other driver’s insurance company may call you. The adjuster may sound friendly and helpful. Remember that the adjuster works for the insurance company, and the company’s goal is to resolve the claim for as little as possible.
Key takeaways
- You generally have no obligation to give a recorded statement to the other driver’s insurer.
- Your own policy usually requires you to report the accident and cooperate with your own insurer.
- Do not guess about fault, speed or your injuries. Stick to basic facts.
- Do not sign releases or medical authorizations before you understand what they allow.
- An early settlement offer may come before you know the full extent of your injuries.
What you can safely share
It is generally reasonable to confirm basic information: your name, contact information, the date and location of the crash, and your insurance carrier. You can also tell the adjuster that you will follow up after you have reviewed your options.
What to avoid
Recorded statements. A recorded statement can be used later to question your account. A small inconsistency, such as an estimated speed or time, may be presented as a reason to doubt you.
Guessing about fault. Saying “I didn’t see them” or “I’m sorry” can be taken out of context. California uses comparative fault, so statements about who was responsible can affect the value of a claim.
Minimizing injuries. Many people say “I’m fine” right after a crash. Some injuries, such as soft tissue and back injuries, can take days to show symptoms. Get medical care and describe your symptoms accurately.
Broad medical authorizations. Some forms allow access to your entire medical history, not just records related to the crash.
Quick settlements. Once you accept a settlement and sign a release, you usually cannot reopen the claim, even if your injuries turn out to be more serious.
Your own insurance company is different
Your own auto policy is a contract, and it usually requires you to report the accident promptly and cooperate. Notify your insurer, but you can still stick to facts and avoid speculation. If you have uninsured or underinsured motorist coverage, your own insurer may become the company you make a claim against.
Deadlines still apply
California personal injury lawsuits generally must be filed within two years of the injury. Claims against a public entity, such as a city bus or a government vehicle, often require a government claim within six months. Talking with an adjuster does not pause these deadlines.
Frequently asked questions
Do I have to give a recorded statement to the other driver’s insurance company in California?
Generally, no. You do not have a contract with the other driver’s insurer. Your own policy may require you to cooperate with your own insurer.
Should I accept the first settlement offer?
Not before you understand your medical treatment, costs and lost income. An early offer may not reflect the full value of the claim.
What if the adjuster says I was at fault?
An adjuster’s opinion does not decide fault. Fault depends on the evidence, including photos, witness statements, the police report and video.
When should I speak with an attorney?
Ideally before giving any statement to the other driver’s insurer, and before signing a release or medical authorization.
If you were injured in a car accident in Los Angeles or the San Fernando Valley, call the Law Office of Eduard Braun, P.C. at 818-796-4529 for a free case review.
Attorney Advertising. General information only. This article does not create an attorney-client relationship or provide legal advice for a specific situation. Every case is different, and prior results do not guarantee a similar outcome.