The Other Driver’s Insurance Company Called Me. What Should I Say?

It’s a phone call that can make your stomach drop. Just a day or two after your car accident, an unknown number pops up. You answer, and a friendly, professional voice on the other end says, “Hello, my name is [Adjuster’s Name], and I’m calling from [Insurance Company Name] regarding the recent accident with our insured driver…”

Your heart starts to pound. What do you say? Should you answer their questions? Do you have to talk to them at all? The person on the other end of the line is a trained professional whose goal is to resolve your claim for the lowest possible amount. They are not your friend, and they are not on your side.

Knowing how to handle this conversation is one of the most critical steps in protecting your rights. Anything you say can and will be used to devalue or deny your claim. This guide will give you a clear script and strategy for this crucial conversation, empowering you to protect your interests.

Useful Information for You: In a Nutshell

• You Are NOT Obligated to Speak at Length: You have no legal duty to give the other driver’s insurance company a detailed statement about the accident or your injuries.
• Be Polite, but Brief and Factual: Provide only the most basic information: your full name, address, and the make/model of your car. Do not discuss the accident or your injuries.
• NEVER Give a Recorded Statement: Politely but firmly decline any request to have the conversation recorded without first speaking to an attorney. This is a critical mistake to avoid.
• Do Not Accept a Quick Settlement Offer: The first offer is almost always a lowball amount designed to make your claim go away cheaply. Never accept an offer until you know the full extent of your injuries and damages.
• The Magic Phrase: “I will be happy to have my attorney provide you with any further information. Please direct all future communications to them.” This is your best and safest response.

Understanding Who You’re Talking To: The Adjuster’s Goal

The insurance adjuster who calls you may sound empathetic and helpful, but it’s crucial to understand their job. Their primary loyalty is to their employer, the insurance company. Their goal is to find information that will allow them to:

• Shift Blame: Get you to say something that suggests you were partially or fully at fault.
• Minimize Your Injuries: Get you to state that you feel “fine” or “okay,” which they will use to dispute your medical bills.
• Dispute Other Damages: Question the severity of your vehicle damage or your time missed from work.
• Settle Your Claim Quickly and Cheaply: Convince you to accept a low, final settlement before you realize the true cost of your injuries.

Your Script: What to Say and What NOT to Say

When the adjuster calls, take a deep breath. You are in control of this conversation.

What You CAN and SHOULD Provide (The Basics): You can confirm the following basic, factual information.

• Your full name and contact information (address, phone number).
• The make and model of your vehicle.
• The time and location of the accident.
• Where they can inspect your vehicle’s damage.

What You Should NEVER Discuss:

• The Details of the Accident: Do not discuss how the crash happened, what you were doing before the crash, where you were going, etc.
• Your Injuries: This is the most critical one. Do not describe your injuries. Do not say “I’m okay,” “I feel fine,” or “I’m just a little sore.” The safest response is: “I am still seeking medical treatment, and the full extent of my injuries is not yet known.”
• Your Medical History: Never give them permission to access your past medical records.
• Speculation or Opinions: Do not guess about speed, distance, or fault.
• Settlement Amounts: Do not discuss money or accept any on-the-spot offers.

The Recorded Statement: A Wolf in Sheep’s Clothing

The adjuster will almost certainly ask, “Would you be okay if I record the rest of this conversation to ensure accuracy?” Your answer should always be a polite but firm “No.”

You are not legally required to provide a recorded statement. These statements are a tool used to find inconsistencies in your story and to get you to make admissions that can be used against you later.

Your best response: “I am not comfortable providing a recorded statement at this time. I can provide the basic facts, but any further detailed discussion will need to go through my attorney.”

The Ultimate Power Move: Referring Them to Your Lawyer

The single best way to handle a call from the other driver’s insurance company is to not handle it at all. Once you have an attorney, you can simply and powerfully say:

“Thank you for calling. I have retained legal counsel. Please direct all future questions and communications to my attorney, [Attorney’s Name], at [Attorney’s Phone Number].”

This immediately stops the adjuster from trying to get you to say something damaging and puts a professional advocate in charge of protecting your interests.

If you have been in a car accident in the Tacoma area and are facing calls from an insurance adjuster, you don’t have to navigate that stressful situation alone. Search the Car Accident Lawyer Directory Tacoma to find a trusted, local professional. You can compare profiles and reviews to find an attorney who can step in, take over all communication with the insurance company, and fight to get you the fair compensation you deserve.

References

• Washington State Office of the Insurance Commissioner (OIC) – What to do if you have an accident: Official guidance for Washington residents that explains the claims process and your rights when dealing with insurance companies. https://www.insurance.wa.gov/what-do-if-you-have-accident-and-need-file-claim
• American Bar Association (ABA) – Tips for Handling Your Own Claim: A national resource that often includes advice on the risks of speaking directly with the other party’s insurer without legal representation. https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/consumer_toolkit_transportation_crashes/