What to Say to an Insurance Adjuster — And What Will Destroy Your Case

The Call You'll Get Within 24 Hours

Within 24 hours of your accident — sometimes within the same hour — the other driver's insurance company will call you. The adjuster will be polite. They'll express sympathy. They'll sound like they genuinely want to help. They are not calling to help you. They are calling to build a case against you. In 30 years of practice, I have never seen a recorded statement help a client. Not one single time. Every time, it was used to reduce or deny the claim.

The 5 Words That Cost People Thousands: 'I'm Doing Fine, Thank You'

The adjuster asks 'How are you feeling today?' It's a natural question with a polite answer: 'I'm fine, thanks.' You just handed them a recorded admission that you're not injured. Six months from now, when you're in surgery for a herniated disc that didn't show symptoms for 3 weeks after the accident, the insurance company will play that recording to a jury. 'She said she was fine.' I've watched this happen. I've seen it cost clients $40,000 to $100,000 in settlement value. Never say you're fine.

What You SHOULD Say — Word for Word

Here is exactly what to say when the other driver's insurance company calls: 'I appreciate you reaching out. I have retained an attorney and all communication should go through them. Their number is (866) 264-2638.' That's it. Don't elaborate. Don't explain your injuries. Don't describe the accident. Don't give your version of events. Don't agree to a recorded statement. Don't answer 'just a few quick questions.' Every word you say is being recorded and analyzed for ways to minimize your claim.

The Recorded Statement Trap

Every insurance company will ask for a recorded statement. They'll tell you it's 'routine' or 'required to process your claim.' It is not required — you have zero legal obligation to give a recorded statement to the other driver's insurance. They ask specific questions designed to trap you: 'Were you looking at the road when the collision occurred?' — implies you were distracted. 'Did you have any prior back problems?' — sets up a pre-existing condition defense. 'What speed were you traveling?' — if you guess wrong, they use it against you. The correct answer to every question is: 'Please contact my attorney.'

What About YOUR OWN Insurance?

Your own insurance policy may require 'reasonable cooperation,' which can include providing a statement. But even here, you have the right to have your attorney present. And your own PIP insurer (Utah Code §31A-22-307) must pay your first $3,000 in medical benefits regardless — they cannot withhold PIP benefits because you haven't given a statement. If your own insurer pressures you, call us. We'll handle the communication and make sure your rights under R590-190 are protected.

The Lowball Offer — Their Best Move

After the recorded statement (or even without one), the adjuster will offer you a settlement. It will feel like a lot of money when you're stressed and bills are piling up. It is almost never what your case is worth. In my experience, first offers are typically 20-40% of the actual case value. They're counting on your desperation. I had a client last year offered $12,000 by GEICO for a rear-end collision. We took the case and settled for $185,000. That's not unusual — that's what happens when you have someone who knows the real numbers fighting for you.

Company-Specific Tactics I've Seen in 30 Years

State Farm relies heavily on the 17c formula for diminished value — a formula designed to underpay. They often deny DV claims outright on first attempt. GEICO typically offers 50-60% of actual diminished value and uses in-house valuation tools that undercount comparables. Progressive uses percentage-based formulas that don't reflect actual market loss and delays claims hoping financial pressure forces settlement. Allstate is known for aggressive claim management and initially denying that diminished value claims even exist under your policy type. Each company has their playbook. After 30 years, I know every page of it.

Frequently Asked Questions

Am I legally required to give a recorded statement to the other driver's insurance?

No. You have zero legal obligation to give a recorded statement to the other driver's insurance company. They may tell you it's 'required' or 'routine' — it is neither. Tell them to contact your attorney.

What if the adjuster is being really nice and helpful?

That's by design. Insurance adjusters are trained to build rapport so you let your guard down. Being friendly does not mean they're on your side. Their job is to pay you as little as possible.

Can the insurance company deny my claim if I don't cooperate?

The OTHER driver's insurance cannot deny your claim for non-cooperation — you're not their client. Your OWN insurance may require reasonable cooperation per your policy terms, but you have the right to have an attorney present.