Your phone rings a day after a car accident. It’s an adjuster from the other driver’s insurance company, asking whether you have a few minutes to explain what happened. You want to cooperate, but you may still be sorting out your injuries, vehicle damage, and the details of the crash.
You can take the call without giving a detailed account on the spot. Ask for the adjuster’s name, company, phone number, and claim number. Then tell them you’ll respond after you’ve had time to review the accident and consider whether to speak with a car accident lawyer.
Do I have to give a recorded statement?
The other driver’s adjuster may ask to record your account of the crash. Before agreeing to a recorded statement insurance companies can review later, ask why it’s needed and whether the request can be sent in writing. You can also ask for time to get legal advice.
Be careful with blanket statements such as “I’m fine” or “I didn’t see the other car.” You may not yet know the full extent of an injury, and a short answer may leave out important context. If you don’t know or remember something, say so. Don’t guess.
The answer may differ when your own insurer asks for information. Your policy may require you to report the crash and cooperate with its investigation. Review your policy and respond promptly to your insurer’s requests.
Why is the other insurer calling?
The adjuster may be gathering information for a liability investigation: who caused the crash, what damage occurred, and what the insurer may owe under its policy. The call might cover each vehicle’s location, traffic signals, witnesses, photographs, repairs, and injuries.
Some insurance adjuster questions sound straightforward but are hard to answer accurately right away. For example, “How fast was the other driver going?” calls for an estimate you may have no basis to make. “Are you back to normal?” may be premature if you’re still receiving care.
You can provide basic contact information and ask the adjuster to put specific questions in writing. Keep notes on the date, the person you spoke with, and anything requested. Save messages, photographs, repair estimates, and medical records related to the crash.
What should I do before discussing a settlement?
Florida’s personal injury protection rules can affect medical benefits after a crash. To qualify for PIP medical benefits, a person generally must receive initial services and care within 14 days of the accident. Seek medical attention when you need it; don’t delay care while waiting for an insurance call.
Before accepting a payment or signing a release, make sure you understand what claims the agreement would resolve. If injuries or fault are disputed, a lawyer can review the request and communicate with the other insurer for you.
If you have been involved in a personal injury incident, seeking legal advice is essential to protect your rights. Our legal team has more than 40 years of experience helping accident victims seek justice. Our attorneys have recovered millions of dollars for injured clients.
Call 850-601-1111 to schedule a complimentary consultation with no obligation. This consultation will help you explore your legal options. Let us help you fight for fair compensation.
Frequently asked questions
Can I refuse to speak with the other driver’s adjuster?
You can ask to postpone a voluntary conversation and seek advice first. Your obligations to your own insurer may be different, so check your policy.
What if I already gave a recorded statement?
Write down what you recall saying and keep any emails or messages about the call. If you’re concerned that something was incomplete or inaccurate, discuss it with a lawyer before trying to correct it.
Will declining a recorded statement end my Florida accident claim?
It does not automatically end a claim. The insurer may seek other information to evaluate it, and the circumstances of each claim differ.
Should I answer questions about my injuries?
Be truthful, but don’t speculate about a diagnosis, recovery date or symptoms you haven’t discussed with a medical professional.
Understanding your rights before speaking with an adjuster may help protect your claim.
If you’re unsure what to say, a Florida car accident lawyer can review the insurer’s request with you.
Jaeson continued his studies at Florida State University College of Law, graduating with a Juris Doctorate in 2011. Throughout his law school career, Jaeson regularly volunteered his time at Florida Legal Services, where he assisted with several projects aimed at advancing the rights of low-income families in Florida. Jaeson has recovered millions of dollars from individuals for his clients. For his efforts, Jaeson was inducted in 2016 into the Multi-Million Dollar Advocates Forum. At the time of his induction, he was one of the youngest attorneys in the State of Florida to be inducted.