After an accident, you’ll probably hear from at least one insurance company within days. Adjusters can seem friendly and helpful, but their job is to close your claim for as little money as possible. Knowing how the process works helps you avoid common mistakes.
Your insurer vs. the other driver’s insurer
Your own insurance company has a contract with you. You’re generally required to report the accident promptly and cooperate. Depending on your policy and state, your insurer may pay for your medical bills (through personal injury protection or MedPay) or for damage caused by an uninsured driver.
The at-fault driver’s insurance company has no duty to you. Their adjuster represents the driver who hit you and their company’s bottom line.
What to say when you report the accident
- The date, time and location
- The other driver’s name and insurance information
- A brief, factual description (“I was stopped at a red light and was hit from behind”)
- That you’re getting medical care
Avoid guessing, estimating speeds or saying “I’m fine.” If you don’t know something, say so.
Recorded statements
The other driver’s insurer will often ask to record your statement “to speed things up.” You aren’t required to give one. Adjusters may ask questions designed to get you to minimize your injuries or accept some blame. It’s usually best to politely decline until you’ve talked to a lawyer.
Medical records releases
You may be asked to sign a form allowing the insurer to access your medical records. A broad release can give them years of your medical history, which they may use to argue your injuries were pre-existing. Don’t sign a blanket release without understanding exactly what it covers.
Early settlement offers
A quick offer can be tempting, especially when bills are piling up. But early offers usually come before you know the full extent of your injuries. Once you accept a settlement and sign a release, you generally can’t ask for more money later, even if you need surgery down the road.
Before accepting, make sure you understand your total medical costs (including future treatment), lost wages and how your injuries affect your life. Learn more in what is my claim worth?
Common adjuster tactics
- Delaying: dragging out the claim hoping you’ll accept less.
- Downplaying injuries: pointing to gaps in treatment or “minor” vehicle damage.
- Shifting blame: suggesting you were partly at fault to reduce the payout. See comparative fault.
- Requesting unnecessary information: asking for unrelated records or a social media review.
- Lowball offers: starting far below a fair value.
When to stop talking and get a lawyer
Consider talking to a personal injury lawyer if:
- You were injured and needed medical treatment
- The insurer is disputing fault or denying the claim
- You’re being pressured to give a recorded statement or settle quickly
- Your medical bills exceed the offer, or you need ongoing care
Once you have a lawyer, the insurer has to communicate through them. Most injury lawyers work on contingency, so there’s no upfront cost. See how contingency fees work.
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Frequently asked questions
Do I have to give a recorded statement to the other driver's insurance company?
No. You generally have no obligation to give the at-fault driver's insurer a recorded statement. Your own policy may require you to cooperate with your insurer, though.
Should I accept the first settlement offer?
First offers are often low and come before the full extent of your injuries is known. It's wise to understand your total costs, or talk to a lawyer, before accepting.
Will my rates go up if I file a claim?
If you weren't at fault, many insurers won't raise your rates, but it depends on your insurer and state. Filing against the at-fault driver's policy usually doesn't affect your own rates.
What if the other driver doesn't have insurance?
Your own uninsured motorist coverage may pay for your injuries. Check your policy and report the accident to your insurer promptly.
This guide is general information, not legal advice. Laws change and every case is different. Talk to a licensed attorney about your situation.