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What not to tell the insurance company after an accident

Beverly Law
Published by Beverly Law
Trial attorney · English y Español · (310) 552-6959
After a crash, do not guess about fault, say you are fine, guess about your injuries, or agree to a recorded statement with the other driver’s insurer before you talk with a lawyer. Do not sign medical authorizations or releases you have not read. Stick to basic facts such as where and when it happened and your insurance information. The adjuster works for the insurer, and what you say can be used to lower what you are paid.

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Things to avoid saying

Do not say “I’m fine” or “I’m not hurt.” Many injuries take hours or days to show up, and that sentence will be quoted later. Do not apologize or say “it was my fault,” even to be polite. California uses pure comparative fault, so any share of blame an insurer can pin on you lowers what you recover.

Avoid guessing about speed, distance or timing. If you do not know, say so. Do not describe your injuries in detail before a doctor has examined you, and do not play down your pain. Keep your answers short and stick to the question. A lawyer can help you decide what is relevant to share about prior injuries or medical history.

Recorded statements and signed forms

The other driver’s adjuster may call quickly and ask to record the conversation. You can politely say you are not ready to give a statement and ask them to send their questions in writing. A recorded statement can be replayed and picked apart months later, when your memory and your medical picture are different. Read should I give a recorded statement for more.

Be careful with forms. A broad medical authorization can let the insurer collect years of unrelated records. A release ends your claim, often for good, and some arrive together with a check. Do not sign either one before you understand what it covers. If the adjuster pushes you to sign quickly, take that as a reason to slow down and get advice.

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What to tell your own insurance company

Your own policy usually requires you to report the crash promptly and cooperate. Give your insurer the basic facts, the other driver’s information and the police report number. If you are claiming under your own coverage, such as MedPay or uninsured motorist coverage, the policy may require a statement or other steps. Read whether to call your insurance when you were not at fault.

Uninsured motorist claims have strict requirements. For a hit-and-run, the crash must be reported to the police within 24 hours, and the insurer must get a sworn statement within 30 days. Within two years you generally must sue, settle, or start arbitration by certified mail. Read what to do after a hit and run.

What you can share safely

You can give your name, contact information, your insurer and policy number, the date, time and place of the crash, and the names of the drivers and passengers. You can say that you are getting medical care. You can give the police report number. California law lets drivers, injured people and their attorneys get the traffic collision report, so you do not need to retell every detail.

Keep notes of every call, with the date, the adjuster’s name, the claim number and what was said. Ask for anything important in writing. If an offer arrives early, compare it with your bills and the care you still need before you answer. Read how to respond to a lowball offer.

What to do now

Get medical care right away and follow through with treatment. Take photos of the cars, the scene and your injuries. Write down witness names and phone numbers, and save every claim number. Keep your bills and receipts. Report the crash to the DMV on form SR-1 within 10 days if anyone was hurt or the damage was over $1,000.

Do not give a recorded statement to the other driver’s insurer or sign a release before you talk with a lawyer. If an adjuster calls, you can take their name and number and say someone will call back. A California injury lawsuit must generally be filed within two years. Call Beverly Law at (310) 552-6959 if you want help with that call.

  • Say you are getting medical care, and nothing more about injuries
  • Do not guess about fault, speed or timing
  • Do not give a recorded statement to the other insurer
  • Do not sign authorizations or releases you have not read
  • Keep notes of every call

Common questions

Do I have to give the other driver’s insurer a recorded statement?

Many people choose not to, at least until they have talked with a lawyer. You can tell the adjuster you are not ready and ask them to send their questions in writing. Your own insurer is different, because your policy may require you to cooperate with it.

Should I tell the insurance adjuster I am hurt?

Tell them you are getting medical care, without guessing about the diagnosis or how long recovery will take. Let your medical records describe the injury. Saying you are fine, or minimizing pain, can be used against you later if the injury turns out to be more serious than it first seemed.

Can the insurance company use my social media?

Insurers sometimes look at public posts, photos and check-ins to argue that an injury is not as serious as claimed. Think about pausing posts about the crash, your activities and your recovery while the claim is open, and do not delete anything that already exists without talking to a lawyer.

What if I already said something wrong to the adjuster?

It happens, and it can often be fixed. Write down what you remember saying while it is fresh, and stop giving statements until you talk with a lawyer. A lawyer can answer it with evidence, such as medical records, photos and witness accounts.

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Related pages

The insurance company made a lowball offer: how to respond · Should I accept the first settlement offer after a car accident? · How long does a car accident settlement take? · Is a car accident settlement taxable? · Car accident settlement with no injuries: what you can claim · All car and truck accident questions

Sources

  1. Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, 828-829; CACI No. 405
  2. Cal. Ins. Code § 11580.2(i)(1)(A)-(C), (b)(1)-(2)
  3. Cal. Veh. Code § 20012
  4. Cal. Veh. Code § 16000(a); DMV form SR 1 (Rev. 6/2025)
  5. Cal. Code Civ. Proc. § 335.1

Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.

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