What NOT to Say When the Other Driver's Insurance Company Calls You

Within 24 to 72 hours of your car accident, your phone will ring. It will be a friendly-sounding person from the other driver's insurance company. They'll say they just want to "get your side of the story" and "help resolve this quickly."

They are not on your side. Their job is to pay you as little as possible — ideally nothing. Every word you say on that call can be used to reduce or deny your claim. Here's how to handle it.

Why They Call So Fast

Insurance companies contact you quickly for a specific reason: they want your statement before you talk to a lawyer, before you understand the full extent of your injuries, and before you know what your claim is actually worth.

The adjuster assigned to your case is a trained professional who handles hundreds of claims per year. You are not. That imbalance is intentional.

The 7 Things You Should Never Say

1. "I'm fine" or "I wasn't really hurt"

This is the most common mistake. Adrenaline masks pain for 24–72 hours after an accident. Whiplash, concussions, herniated discs, and internal injuries frequently don't present symptoms until days or weeks later.

If you tell the adjuster "I'm fine" on Day 2 and then discover a herniated disc on Day 10, they will use your own words to argue the disc injury wasn't caused by the accident.

Say instead: "I'm currently receiving medical treatment and my doctors are still evaluating my condition."

2. "It was partly my fault" or "I could have avoided it"

Fault in car accidents is a legal determination based on police reports, physical evidence, witness statements, traffic laws, and sometimes accident reconstruction experts. You are not qualified to make that determination in a phone call — and the adjuster is counting on you to do exactly that.

Even in comparative negligence states where partial fault reduces (but doesn't eliminate) your compensation, volunteering fault admissions on a recorded line hands the insurance company free ammunition.

Say instead: "I'd prefer to wait for the police report and let the investigation determine fault."

3. "I didn't see them coming"

This seems like an innocent statement, but the adjuster will use it to argue you weren't paying attention, weren't checking your mirrors, or were distracted. It shifts the narrative from "the other driver hit you" to "you failed to avoid the collision."

Say instead: "I'd rather not discuss the details of the accident without reviewing the police report first."

4. Agreeing to a Recorded Statement

The adjuster will likely ask: "Do you mind if I record this call?" or "I just need a brief recorded statement."

You are under no legal obligation to provide a recorded statement to the other driver's insurance company. Politely decline.

Say exactly this: "I appreciate you reaching out, but I'm not comfortable giving a recorded statement at this time. I'm still receiving medical treatment and consulting with a lawyer."

5. Giving a Detailed Account of Your Injuries

The adjuster will ask: "Can you tell me about your injuries?" They want specifics — which body parts hurt, what treatment you've received, what your doctor said.

Any details you provide will be used to cap your claim. If you say "my neck hurts," they'll argue your injuries are limited to the neck. If you mention treatment, they'll argue that treatment is sufficient and nothing more is needed.

Say instead: "I'm currently under medical care. I'll be able to provide more information once my treatment is complete."

6. Accepting the First Settlement Offer

Some adjusters will offer money on the first call. "We'd like to settle this quickly — how about $3,000 to cover your troubles?"

This is almost always a fraction of what your claim is worth. They're betting you'll take the quick money before you understand the full cost of your injuries, lost wages, pain, and suffering.

Once you accept a settlement, you sign a release — meaning you can never ask for more money, even if your injuries turn out to be far worse than you thought.

Say instead: "I'm not in a position to discuss settlement at this time. I'm still treating and haven't completed my evaluation."

7. "I don't have a lawyer"

When an adjuster knows you don't have legal representation, they know they can push harder. Claims with attorney representation settle for significantly more than claims handled directly by the victim — because lawyers know the true value of claims and won't accept lowball offers.

Say instead: "I'm consulting with a lawyer about my case." (This is true if you're reading this article and considering your options.)

The Script: What to Actually Say When They Call

Here's a complete script you can use:

"Thank you for calling. I understand you need to gather information about the accident. At this time, I'm still receiving medical treatment for injuries from the collision. I'm not comfortable providing a recorded statement or discussing the details of the accident or my injuries until my medical treatment is further along and I've had a chance to consult with a lawyer. I'll provide the basic facts: the accident occurred on [date] at [location], and the police report number is [number]. Beyond that, I'd prefer that any further communication go through my attorney once I have one. Thank you for understanding."

Then end the call. You don't owe them anything more.

What If They Keep Calling?

If the adjuster calls repeatedly or becomes pushy:

• You are not required to answer their calls
• You are not required to call them back
• You can tell them to stop calling and communicate only in writing
• Once you have a lawyer, your lawyer handles all communication with them — the adjuster is legally prohibited from contacting you directly after that

How Much Difference Does This Make?

Studies consistently show that personal injury claimants with attorney representation receive settlements 3–5 times higher than those who handle claims on their own. The insurance company knows this — which is why they call before you get a lawyer.

Get Help Before That Call Comes

If you've been in an accident, get a free case evaluation before you talk to any insurance company. Our AI reviews your case in 2 minutes and matches you with an experienced injury lawyer who knows exactly how to handle insurance adjusters — at no cost unless you win.