Should I Give a Statement to Insurance Adjusters After an Accident?

You might be surprised to find a call coming in from an unknown number after an accident. A pleasant-sounding person introduces themselves as an insurance adjuster. They say they want to help get everything straightened out, and would you mind giving them a statement about what happened? Of course you want to help, but should you give one? If you’ve been involved in an accident in Victorville, CA, find out what to do from a personal injury lawyer.

It may be necessary to give a statement to the opposing party’s insurance company to get the compensation you deserve. However, giving a statement, especially a recorded statement, can be a risky business. If the adjuster is from your own insurance company, your policy may require cooperation as part of your contractual obligation. Even so, you should proceed with caution.

What Do Insurance Adjusters Do?

It’s important to understand the role of an insurance adjuster. Their job is to investigate claims, assess liability, and determine how much the insurance company should pay. While they may seem friendly and helpful, an insurance adjuster is not a neutral party; they are ultimately looking to protect the insurer’s bottom line. Any statement you give could be used to reduce or deny your claim.

This is because California is a comparative negligence state. This means that your compensation can be reduced by your percentage of fault. Insurance adjusters are trained to elicit statements that may indicate partial fault, inconsistencies, or admissions that can be used to assign blame. Even innocent remarks you make, like “I didn’t see them coming” or “I might have been a little tired after work,” can be twisted to imply negligence on your part.

What Is the Legal Situation?

California law makes it clear that you do not have to give any statement to someone else’s insurers. If your policy requires you to give one to your own insurers, you still do not have to do this right away. Remember, anything you say in a recorded statement can be used against you in later proceedings, including lawsuits.

In the immediate aftermath of an accident, you are likely to be suffering from the shock of what has happened. If you give a statement at this time and there are discrepancies with future testimony or other evidence, the insurer may use it to argue that you are being deceptive or are not credible. You have the right to consult with an attorney before giving any statement, and in most cases, it is wise to do so.

Consult a Personal Injury Lawyer in Victorville, CA

You are entirely within your rights to tell an insurance adjuster that you’re not comfortable providing a statement at this time and that you will speak with your attorney first. We can then help you understand what information should and should not be shared, and protect you in any future communications.

When in doubt, protect yourself first; don’t forget that the insurance adjuster is not on your side. To ensure that there is someone who will advocate for you, get in touch with us at the Law Offices of Vondra and Hanna in Victorville, CA.

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