Should I Give the Insurance Adjuster a Recorded Statement?
Not to the other driver’s insurer — you have no legal obligation to give them a recorded statement, and it rarely helps you. Your own insurer is different: your policy requires cooperation. When in doubt, get advice before any recording; a statement can’t be unsaid.
Adjuster calling? Talk to us first — 24/7.
Se habla español — Llama Me. No out-of-pocket fees — we work on contingency.
Do I have to give the other driver’s insurance company a statement?
No. You have no contract with the at-fault driver’s insurer and no duty to be interviewed by them, recorded or otherwise. Their adjuster may imply the claim can’t proceed without it — it can. Claims resolve on evidence: the collision report, photos, medical records, repair estimates.
Why does the recorded statement matter so much to them?
Because it’s evidence they control the making of. Adjusters are trained interviewers; questions come fast, friendly, and structured to produce minimizing answers. “I’m fine” on day two becomes the exhibit against your herniation diagnosed on day twenty. Estimates of speed and distance you guess at become fixed testimony. Gaps and inconsistencies — inevitable when a shaken person describes a three-second event — become “credibility issues.”
What about my own insurance company?
Different relationship, different answer. Your policy’s cooperation clause requires you to assist your own insurer’s investigation, and refusing outright can jeopardize coverage — especially for Med-Pay, collision, or an uninsured-motorist claim where your insurer stands in the other side’s shoes. Cooperate — but you’re entitled to schedule the statement at a reasonable time, prepare, and have your lawyer on the line. With UM claims in particular, get advice first: your “own” insurer is your counterparty there.
What should I say when the adjuster calls?
Stay polite and brief: confirm the basics — date, location, vehicles — and decline the rest. A complete script: “I’m not giving a recorded statement. Please put further questions in writing.” Do not discuss injuries (“How are you feeling?” is not small talk), fault, prior accidents, or your work. Then write down the adjuster’s name, company, and what was asked.
I already gave a statement. Did I ruin my case?
Almost never fatal — but tell your lawyer immediately so they can request the recording, review what was said, and manage any inconsistencies with the medical record honestly and early. What compounds the damage is giving a second statement to “clarify” the first. Decline follow-ups and route everything through counsel.
Can they use silence against me?
No. Declining an adverse insurer’s interview is a routine exercise of your rights, not evidence, and it cannot lawfully be the basis for denying a claim — California’s fair-claims regulations require decisions on the merits and timely handling regardless (10 CCR § 2695.7). What actually hurts claims isn’t the statement you didn’t give — it’s the one you did.
One phone call to us before one phone call to them.
Se habla español — Llama Me. No out-of-pocket fees — we work on contingency.
