How do I handle the first phone call from the other party's insurance adjuster after an accident in California?
Handle the first call from the other party's insurance adjuster by providing only basic identifying information, politely declining to discuss fault or injuries, and refusing to give a recorded statement. Remember, the adjuster's goal is to protect their company's interests, not yours.
Here's how to handle the call:
Step 1: Get the Adjuster's Information
Before answering any questions, get the adjuster's full name, direct phone number, email address, the insurance company they represent, and the specific claim number for your case. Write this information down.
Step 2: Provide Only Basic Factual Information
You can confirm your full name, address, and phone number. You can also state the date, time, and location of the accident and the make and model of the vehicles involved. Do not offer any additional details.
Step 3: Do Not Discuss Fault or Injuries
When asked how the accident happened, politely state, "The incident is still under investigation." When asked how you are feeling, say, "I am seeking medical treatment." Avoid saying "I'm sorry" or "I'm fine," as these statements can be misinterpreted as an admission of fault or a lack of injury.
Step 4: Politely Decline to Give a Recorded Statement
You are not legally obligated to provide a recorded statement to the at-fault party's insurance company. If they ask, you can say, "I am not providing a recorded statement at this time." These recordings are often used to find inconsistencies in your story later.
Important details and nuances:
The adjuster is trained to settle your claim for the lowest amount possible. Under the California Insurance Code § 790.03(h), they must act in good faith, but their primary duty is to their employer. Be aware that you DO have a contractual duty to cooperate with your OWN insurance company, which may include giving them a statement.
Warnings and limitations:
Be mindful of California's statute of limitations, which generally gives you two years from the date of injury to file a lawsuit (California Code of Civil Procedure § 335.1). Do not let an adjuster's delays cause you to miss this deadline. Avoid discussing your accident or injuries on social media, as adjusters will search for this information.
This is general information and does not constitute legal advice. For complex situations, or if you have suffered significant injuries, you should consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Personal Injury
Accident claims, medical malpractice, and compensation rights
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