The first call from the other driver’s insurance company sounds harmless. The adjuster is friendly, asks how you are doing, says they want to “get this resolved quickly,” and asks a few simple questions. Most people answer honestly because the questions feel innocent.
That conversation is recorded. Anything you say can be used to reduce your settlement or deny your claim. This article lists the 17 statements that most often hurt cases, with a brief reason for each and a better alternative to use instead.
Why the First Call Matters
Adjusters are trained interviewers. Their questions are designed to capture statements that can later be used to argue:
- You contributed to the crash
- Your injuries are not as serious as you claim
- You had pre-existing conditions
- You want to settle quickly (so they should offer less)
- You are not credible
Most of this happens in the first call. Once recorded, statements are very hard to undo.
The 17 Statements to Avoid
1. “I’m sorry.” It sounds polite. To an insurance company, it sounds like an admission of fault. Apologies are reflexive and meaningless in most contexts. Adjusters use them as evidence.
Say instead: “I’d like to share the facts of what happened when I have my documentation in front of me.”
2. “I’m fine” or “I’m not hurt.” Adrenaline masks injury. Serious back, neck, and head injuries often do not present for hours or days. Saying you are fine in the first call closes the door on injury claims later.
Say instead: “I’m still being evaluated. I’ll have a better answer after my next medical appointment.”
3. “I think…” or speculation about what happened. Speculation invites the adjuster to lock in your guess as your version of events. If your guess turns out to be wrong, your credibility takes the hit.
Say instead: “I don’t want to speculate. I’ll share what I directly observed.”
4. Agreeing to a recorded statement. California does not require you to give a recorded statement to the other driver’s insurance company. Agreeing to one creates evidence that can be replayed against you for years.
Say instead: “I’m not comfortable being recorded. I’d prefer to communicate in writing.”
5. Discussing pre-existing conditions in detail. Once mentioned, every prior injury becomes a reason to discount your current claim. Even unrelated conditions get used.
Say instead: “Any prior medical history can be reviewed through my medical records, which my attorney can produce if relevant.”
6. Sharing prior accident or claim history. If you have made any previous claim, the adjuster will frame you as someone who routinely files claims. Even legitimate prior claims work against you.
Say instead: “I’d prefer to focus on this incident.”
7. Naming a settlement number first. Whoever names a number first sets the ceiling. If you say “$15,000 would be fair,” the adjuster will counter at $7,000 and meet you at $11,000.
Say instead: “I’m not in a position to discuss settlement until my medical treatment is complete.”
8. Discussing the case on social media. Adjusters routinely review Facebook, Instagram, and TikTok. A photo of you smiling at a backyard barbecue gets used to argue you are not really hurt.
Say instead: Nothing. Stay off social media until your case resolves.
9. Agreeing to a general medical authorization release. A broad release lets the adjuster pull your entire medical history, including conditions and visits unrelated to the crash.
Say instead: “I’m willing to provide records related to this incident through my attorney. I’m not signing a general release.”
10. “I just want this over.” This phrase tells the adjuster you will accept less to be done. It is one of the most expensive sentences you can say.
Say instead: Nothing. If asked when you want to resolve the case, say “When my treatment is complete and my damages are documented.”
11. Misstating the speed, distance, or sequence. If your description does not match the police report or accident reconstruction, you become unreliable as a witness.
Say instead: “I don’t recall exact speed or distance. I’d refer you to the police report.”
12. Speculating about the other driver’s intent. Saying things like “he probably wasn’t paying attention” is your guess, not evidence. It can also undercut a punitive damages argument.
Say instead: “I observed [factual behavior]. I’ll let the investigation determine intent.”
13. Discussing how your kids or spouse are coping. This information has no benefit to your claim but can be used to argue you are exaggerating your damages.
Say instead: “I’d prefer to keep family details out of this.”
14. Saying you have already returned to work. Even if you are back at desk duty, the adjuster will use this to minimize your wage loss and your injury severity. Your treating doctor’s records are the right source for work status.
Say instead: “My work status is reflected in my medical records and employer documentation.”
15. Discussing your doctor or treatment plan in detail. Random details give the adjuster ammunition. Maybe your chiropractor is not “real medicine” to them. Maybe your physical therapy is “elective.” Keep details in the medical records, not in the conversation.
Say instead: “My medical records will document my treatment.”
16. Agreeing to an “independent” medical exam. The other side’s “independent” doctor is anything but. They are paid by the insurance company and tend to find injuries less serious than your treating physicians do.
Say instead: “I’ll discuss any examination request with my attorney.”
17. “I don’t need a lawyer for this.” This tells the adjuster you will negotiate alone, which means the offer can stay lower. It also signals you do not understand what your case is worth.
Say instead: Nothing about your representation status until you have decided what to do.
The Better Approach
The general rule is: less is more. Your job in the first conversations with the other driver’s insurance company is to document the basics (your name, contact information, the police report number, the date of loss) and nothing else.
Substantive conversations about injuries, treatment, fault, and settlement value belong in a documented process, not in a casual phone call. For car accident cases, and especially for rideshare crash cases where multiple insurers may be involved, the conversations get even more complex and the room for damaging statements is larger.
At Ask Hamlet, we handle the conversations with insurance adjusters so our clients do not have to. The first call we make to a carrier is our last call before we send a written demand. Everything in between is documented.
If an adjuster has been pressing you for a recorded statement or pushing you toward a quick settlement, contact us before you say anything else. The consultation is free. We do not charge unless we win.