The short answer: Speak with a personal injury attorney first.
After a car accident, the other driver’s insurance adjuster may contact you almost immediately. They may sound friendly, express concern about your injuries, and ask you to explain what happened. They might say they just need a few details to process your claim.
Be careful. What you say to the other driver’s insurance adjuster could be used to challenge your injuries, dispute liability, or reduce the compensation you receive. Even an innocent remark can be taken out of context later.
The other driver’s insurance adjuster works for the insurance company—not for you. Before discussing the collision, your injuries, or a potential settlement, consider speaking with a Florida personal injury attorney.
Why Does the Other Driver’s Insurance Company Want to Talk to You?
After a collision is reported, the insurer investigates what happened, whether its insured is responsible, and what damages may be covered. The adjuster may ask about your speed, what you saw before the impact, how you feel, your medical history, and whether you have missed work. Your answers may become part of the insurer’s evaluation, even when the conversation seems informal.
Five Ways Talking to an Adjuster Can Hurt Your Claim
1. Your Recorded Statement May Be Used Against You
An adjuster may ask permission to record your account. If you later remember additional details or correct an earlier estimate, the insurer may point to the differences to challenge your credibility. As a third-party claimant, you generally do not have to provide a recorded statement to the other driver’s liability insurer.
2. Casual Comments Can Minimize Your Injuries
People often say “I’m okay” or “I’m feeling better” simply to be polite. But symptoms can change, and some injuries are not fully understood immediately after a crash. An insurer may later cite those early comments when evaluating the seriousness or duration of your injuries.
3. Questions About Fault Can Shift Responsibility Toward You
Questions such as “Could you have stopped sooner?” or “Did you see the other car?” may seem straightforward. But your answers could be used to argue that you contributed to the collision. Florida generally applies modified comparative negligence in covered negligence actions, meaning an injured person’s share of fault can affect recovery.
4. Broad Medical Authorizations May Reveal Unrelated Information
An adjuster may ask you to sign a medical authorization. A broad release can permit access to records beyond what is necessary to evaluate the accident-related injuries. Have an attorney review the scope before you sign.
5. An Early Settlement May End Your Claim
A quick offer can be tempting when medical bills are arriving. But the full extent of an injury, the need for future care, and the effect on your ability to work may not yet be clear. Signing a release may permanently resolve the claim, even if additional expenses arise later.
What Should You Say If the Adjuster Calls?
You can be courteous without discussing the details. You may say that you are not prepared to give a statement and would like to consult an attorney first. Avoid guessing about fault, describing symptoms in detail, agreeing to a recording, or signing a release before obtaining legal advice. Do not ignore important written notices or deadlines.
Is Your Own Insurance Company Different?
Yes. Your own auto insurance policy may require prompt notice of an accident and reasonable cooperation with your insurer, including information relevant to a PIP or other first-party claim. Those obligations are different from a request made by the other driver’s liability insurer. Before declining a request from your own carrier, review your policy and obtain legal advice so you do not jeopardize available benefits.
Should You Speak with an Attorney Before the Insurance Adjuster?
Yes. An attorney can help preserve evidence, evaluate the available insurance coverage, communicate with the other driver’s insurer, and assess a proposed settlement before you give up your rights. Getting advice early may prevent avoidable mistakes while your injuries and losses are still being evaluated.
Protect Your Claim and Pursue the Compensation You Deserve
At Kurzman Law Group, we help accident victims protect their rights, navigate insurance claims, and pursue the maximum compensation available under Florida law for their injuries, medical expenses, lost wages, pain and suffering, and other damages. Before speaking with the other driver’s insurance adjuster, contact our office at (954) 406-6464 for a free consultation.
General information only; not legal advice. The application of Florida law depends on the facts and applicable insurance policies.
