Within days of a crash, you'll likely hear from an adjuster for the other driver's insurance company. They'll be friendly. They'll say they want to "get you taken care of." Understand that their job is to close your claim for as little as reasonably possible, and the conversation makes more sense.
What they typically ask for
- A recorded statement. You are generally not required to give one to the other driver's insurer. Statements given while you're still shaken, before you know your injuries, are used later to dispute your claim.
- A medical authorization. A broad release lets them dig through your entire history looking for prior injuries. If records are needed, they can be provided selectively through your attorney.
- A quick settlement. An early check, sometimes within days, comes with a release that ends your claim forever, including for injuries that haven't shown up yet.
What you can say
You can confirm the basic facts: date, location, vehicles involved, and that you're getting treatment. You can decline the rest politely: "I'm not comfortable giving a recorded statement right now" or "I'll have my attorney contact you."
Your own insurer is different
Your policy requires you to cooperate with your own company, and you should. Report the accident promptly and answer their questions honestly. Even so, be careful about speculating on fault or injuries.
Property damage vs. injury
It's often fine to handle a straightforward vehicle-damage claim directly with the adjuster: get estimates, agree on repair or total-loss value, and move on. Injury claims are where early missteps cost the most.
Tactics to recognize
- Suggesting your injury is minor because the car damage was minor
- Blaming a pre-existing condition
- Claiming you delayed treatment, so you must not have been hurt
- Low first offers followed by "that's the best we can do"
If you've been injured, a consultation with an attorney before you speak with the adjuster costs nothing with most injury firms and can change the outcome. This is general information, not legal advice.
Keep a record of every contact
Adjusters juggle dozens of files at once, and memories of phone calls get fuzzy on both sides. Start a simple claim log the day of the first call and keep it going until the claim closes.
For each contact, write down:
- The date, time and whether it was a call, email or letter
- The adjuster's full name, direct phone number and the claim number
- What they asked for and what you agreed to provide
- Any deadline they mentioned
- Anything they said about fault, coverage or your injuries
After an important call, send a short email confirming what was discussed: "Thanks for speaking with me today. As I understand it, you're reviewing the repair estimate and will respond by Friday." If your summary is wrong, they have a chance to correct it. If it's right, you now have it in writing.
Keep copies of everything you send them, with the date each one went out. Files often get reassigned to a new adjuster partway through, and when that happens your log becomes the most reliable history of the claim.
What to check before you sign a release
A settlement check from the other driver's insurer almost always comes with a release, and the release is the document that matters. Once it's signed and the check is cashed, the claim is usually over for good.
Read the whole thing, not just the amount. Look at whether it releases only the other driver or also their insurer and anyone else who might share fault. Check whether it covers "all known and unknown injuries," which is standard language and the reason timing matters so much. If you're still in treatment, you may not know what your injury will cost yet. Many attorneys wait until your doctor says your condition has stabilized before discussing numbers.
Think about who else has a claim on the money. Your health insurer, a hospital or a government program that paid your bills may have a right to be reimbursed from the settlement. Liens nobody accounted for can come out of a check you thought was yours.
Finally, watch the calendar. Every state sets a deadline for filing an injury lawsuit, and negotiating with an adjuster does not pause it.
A realistic example
Picture this: Maria is stopped at a red light when a pickup rear-ends her sedan. Two days later, the pickup driver's adjuster calls, friendly and quick. He asks to record her statement "just to speed things up."
Maria confirms the date, the intersection and that she's seeing a doctor, then says she isn't comfortable giving a recorded statement. She writes the call in her log and emails a two-line summary afterward.
A week later he offers an illustrative $1,500 to "close everything out." By then her neck stiffness has turned into daily headaches, and her doctor has ordered physical therapy. She doesn't sign. She lets the property damage claim proceed separately and books a free consultation with an injury attorney.
The attorney takes over communication, shares her treatment records selectively, and waits for her doctor's assessment before discussing numbers. Any eventual figure will reflect injuries Maria actually knows about.
Common questions
How long does it take the other driver's insurance to settle an injury claim?
There's no single timeline. Property damage often wraps up within weeks, but injury claims usually take longer because their value depends on treatment that may still be underway. Many states have fair claims practice rules requiring insurers to acknowledge and respond to claims within set periods. If a claim drags, a written request for a status update, noted in your log, is a reasonable first step.
What if I already gave a recorded statement?
It isn't the end of your claim. Write down what you remember saying while it's fresh, and ask the adjuster for a copy or transcript. If you guessed about speed, distances or how you felt, an attorney can put those remarks in context with medical records and other evidence. Just avoid giving a second statement until you've had a chance to get advice.
Can the adjuster get my medical records without my permission?
Not usually. Your records are protected, and the insurer typically needs a signed authorization to obtain them, which is why adjusters ask for one early. A narrow release limited to crash-related treatment over a reasonable time period is very different from a blanket form covering your whole history. Read any authorization before signing, or let your attorney handle the request.
Keep your claim log open during every adjuster call, and end the call politely if you're asked something you haven't thought through.
